Refine By
Clear all filter
About 91446 results for "*"
Q&As
Service charges allow the landlord of a property to recover from the tenant the costs of operating and servicing the building. The Landlord and Tenant Act 1985 (LTA 1985) sets out detailed provisions in respect of demands for service charges. These provisions however apply only to service charges payable by a tenant of a dwelling, and not to commercial premises. The Landlord and Tenant Act 1987 made certain amendments to LTA 1985 but did not make any change to the scope of those provisions. Service charge demands in respect of commercial premises are covered by a different regime, predominantly directed
Q&As
 Schedule 1A, Part 1 to the Companies Act 2006 specifies five conditions (Conditions) (at least one of which must be met) for an individual or relevant legal entity (RLE) to be a person with ‘significant control’ (PSC). Condition 1 states that a PSC is an entity that holds, directly or indirectly, more than 25% of the shares in the company. While the PSC regime does not currently extend to co-operative societies, community benefit societies and charitable incorporated associations it does include companies limited by guarantee, unlimited companies, community interest companies and some registered charities. Since
Q&As
Different countries have varying company law requirements in relation to the criteria that some or all of the directors of companies registered or operating in the particular country must fulfil. Criteria may relate to legal status (natural or corporate individual), residency or nationality, age limits or gender diversity. Some countries have company law provisions which require a specific minimum number of directors, or a specific minimum percentage of the board, to be resident in
Q&As
Section 28(6) of the Localism Act 2011 (LA 2011) provides that a local authority must have in place arrangements under which allegations (specifically allegations that a member or co-opted member has failed to comply with the local authority’s code of conduct) can be investigated, and arrangements under which decisions on allegations can be made. The section is not particularly prescriptive in respect of the arrangements that should be put in place, although LA 2011, s 28(7) does require a local authority to include provision for the appointment of at least one Independent Person whose views are to be sought, and taken into account, by the authority before it makes its decision on an allegation that it has decided to
Q&As
If a contracting authority’s standard form contracts do not already contain provisions which allow for termination in the circumstances specified in regulation 73 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (PCR 2015, SI 2015/102, reg 73), then they should be changed. PCR 2015, SI 2015/102, reg 73 requires that contracting authorities are able to terminate contracts where: • the contract has been subject to substantial modification • where the contractor was, at the time of the contract award, subject to grounds
Q&As
A complete reorganisation of local government was enacted in the Local Government Act 1972 (LGA 1972), under which the old system of county councils, county borough councils etc were abolished on 1 April 1974 and new areas and authorities were established. The LGA 1972 contains provisions for transfer and transitional provisions, and specific provision is made in relation to the boundaries of the new local government areas. Pursuant to the powers afforded to the Secretary of State or appropriate
Q&As
On 6 April 2014, Part 3 and Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) came into force, along with: • the Taking Control of Goods Regulations 2013, SI 2013/1894 • the Taking Control of Goods (Fees) Regulations 2014, SI 2014/1 Together, the above mentioned
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides as a general rule that ‘The court may at any time make such order as to costs as it thinks just’. There are additional rules governing the exercise of the court’s discretion in determining costs, ie FPR 2010, SI 2010/2955, 28.3(5) provides that in financial remedy proceedings the court will not make an order requiring one party to pay the costs of another party, however, it may do so at any stage of the proceedings where it considers it appropriate because of the conduct of a party (whether before or during the proceedings).
Q&As
In Cameron v Liverpool Victoria Insurance Co Ltd, the Supreme Court concluded that a person, such as the driver of the car in Cameron, who is not just anonymous but cannot be identified with any particular person, cannot be sued under a pseudonym or description, unless the circumstances are such that the service of the claim form can be effected
Q&As
Paragraph 6(4), Schedule 1, Part II to the Torts (Interference with Goods) Act 1977 provides that: ‘The notice shall be in writing and shall be sent by post in a registered letter, or by the recorded delivery service’. Royal Mail (and via the Post Office), rather than providing for recorded delivery and registered post, now provides various services including: • Royal Mail Special Delivery Guaranteed:
Q&As
The meaning of ‘estate’ is defined in section 5 of the Inheritance Tax Act 1984 (IHTA 1984) and is the aggregate of all the property to which a person is beneficially entitled (subject to exceptions). ‘Property’ includes rights and interests of any description (but does not include a settlement power), IHTA 1984, s 272 (see Commentary: Meaning of estate generally: Simon's Taxes [I3.211] and HMRC Guidance: IHTM04031). For the purposes of this Q&A, we have assumed that the shares had not been vested in the deceased and the situation relates to a claim to the shares. Hence, the actionable right in question is the property and therefore, the question is whether this constitutes a chose in action and consequently,
NEWS
PI & Clinical Negligence analysis: The principle that impecuniosity goes to period as well as rate, as established in Zurich Insurance Plc v Sameer Umerji will largely depend upon what the debarring order states. There are circumstances where a claimant will be debarred from relying upon impecuniosity for the purposes of determining the appropriate rate of hire but will be entitled to rely upon lack of means for other wider purposes, including for example, determining reasonable period of hire. Such a finding is not always plainly wrong and will depend on the circumstances of the case and the evidence provided at trial. Written by Georgia Banks, barrister at Parklane Plowden Chambers.