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GLOSSARY
Selling assets to pay benefits; an annuity is one form of decumulation.
GLOSSARY
A communications circuit or channel provided for the exclusive use of a particular subscriber. Dedicated lines are used for computers when large amounts of data need to be moved between points.
GLOSSARY
A connection, typically on a Network Access Server or telephone exchange, which is reserved for use by a single (wholesale) customer, for example an internet service provider (ISP).
PRACTICE NOTES
This Practice Note explains how to deduce title to unregistered land, looking specifically at compulsory first registration, which party should register, what evidence of title is required, what a good root of title is and the importance of an unbroken chain of ownership. Compulsory first registration The buyer of an unregistered freehold or lease with more than seven years unexpired (a ‘qualifying estate’) has a statutory duty to apply for first registration. The buyer must apply to register within two months of the event which triggers first registration. Failure to do so means the buyer will only receive an equitable title. Legal title will revert to the seller to be held on bare trust for the buyer. This carries a risk that a seller could transfer the land elsewhere, or create further encumbrances, leaving the buyer with only an action for breach of trust. Buyer or seller to register? The buyer should check that no transaction has taken place that
PRACTICE NOTES
This Practice Note looks specifically at stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations, such as searches and contract plans, in connection with deducing title to unregistered land. It explains how to deal with each element and covers both the present and the historical position where appropriate. Stamp duty Check that each document prior to 1 December 2003 has been correctly stamped. In the case of a lease, note that a lease granted before 1 December 2003 or pursuant to an agreement for lease made before 10 July 2003 will fall under the stamp duty regime. Where necessary, ask the seller to apply for late stamping at their own cost. Unstamped or incorrectly stamped documents: • are not a good root of title • are not valid links in the chain of title • will not be accepted by HM Land Registry on application for first registration • will not be accepted by the court in civil
GLOSSARY
Specified self-insured amount that a loss must exceed, that the insured must pay first, before claim(s) become payable by the (re)insurer.
GLOSSARY
A deductible business expense is a cost that a business or self‑employed individual may lawfully set against income when calculating taxable profits. In UK tax law, the core test (for corporation tax and income tax) is whether the expense is incurred “wholly and exclusively” for the purposes of the trade or business (see, for example, CTA 2009 and ITTOIA 2005, supported by extensive case law). In Ireland, a similar concept applies under the Taxes Consolidation Act 1997, usually expressed as expenses incurred “wholly and exclusively” for the purposes of the trade or profession.Typical deductible expenses include staff costs, rent, professional fees, and certain finance and marketing costs, but not capital expenditure, most client entertaining or costs with a dual personal and business purpose. The classification of an item as revenue or capital, and the treatment of mixed‑purpose expenditure, are frequent areas of dispute with HMRC and Revenue.Usage and legal effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, although the relevant statutory provisions differ. Correct identification of deductible business expenses is central to tax compliance, tax planning and advising on corporate transactions, employment structures and self‑assessment.
GLOSSARY
An employer's right to make deductions from an employee's pay.
PRACTICE NOTES
The right to be paid wages in full is one of the most basic, and oldest, employment rights. A failure to pay will generally give a worker the right to bring a claim for unlawful deduction from wages. In a small number of cases, however, an employer is permitted to make a deduction. The worker's rights An employer may not make a deduction from the wages of any worker employed by the employer, or receive a payment from such a worker, unless: • it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or • the worker has previously signified in writing their agreement or consent to the making of it For further information, see: When deductions are lawful below. For further information: • on the meaning of 'wages' see: Definition of wages below • on the definition of 'worker' for these purposes, see: Definition of 'worker' below • on the circumstances in which deductions are permitted, see: Excepted deductions and payments below • on
GLOSSARY
Deeds are written agreements but differ from contracts in that the limitation period is 12 years and consideration is not required. There are very few categories of transactions that require execution by deed but they are transfers of land, leases, mortgages and charges, sales by mortgagees, appointments of trustees, powers of attorney and gifts.
NEWS
Commercial analysis: Parties executing a deed, which bears the (common place) clause commencing ‘In witness whereof’ must sign the physical instrument in its final form, complying with any other specific requirements (eg in the case of the sale of land or a company). It will be presumed, in the absence of evidence to the contrary, that the parties will be taken to have regarded signature of the same physical document as being essential to its effectiveness. Affixing pre-signed signature pages to a document that has been altered may not suffice and will presumptively invalidate a deed. Written by Joseph Dalby SC, barrister, at 36 Commercial Chambers.
PRECEDENTS
This Deed is made on [date] by [trustees] of [addresses] (the Trustees). Background (A) This Deed is supplemental to a trust dated [date] and made between [parties] (the Trust). (B) The Trustees are the present