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For a discussion of the Listing Rule requirements for related party transactions applicable to listed companies, see Practice Note: Related party transactions—listed companies—prior to 29 July 2024 [Archived]. For a discussion of the AIM Rule requirements for related party transactions applicable to AIM companies, see Practice Note: Continuing obligations of an AIM company. Our
Q&As
A certified copy is an accurate, complete and current copy (usually a photocopy) of an original document. The certified copy will include a statement that it is a true copy of the original as at the date certified. It does not certify that the original document is genuine, only that it is a true copy of the original. There are numerous personal and business reasons for obtaining a certified copy of a document. For example, when applying for a loan the lender may require certified copies of photographic ID (passport
Q&As
The regulation of consumer credit Regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence, parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001), SI 2001/544. Regulated activities and consumer credit agreements Entering into a regulated credit agreement as lender is a specified (regulated) kind of activity unless it is an exempt agreement under articles 60C to 60H of
Q&As
This Q&A refers to a business-to-business contract which is not subject to specific industry or sector regulation. Offer and acceptance A simple contract in writing is usually executed by way of signing and dating that document. The key requirement for the formation of a contract is that there is acceptance of the offer which is then communicated to the other party. See the following Practice Notes which contain sections on offers and acceptance and
Q&As
We refer you to the following which may be of assistance: • Q&A: Is Brexit considered a force majeure event? • Practice Note: Brexit—contract risk management [Archived] and in particular the content under the headings ‘Delay events and excusing clauses’ and ‘Force majeure’ • the
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Whether an alienation covenant has been breached will depend upon the precise wording of the clause in question and the particular set of circumstances. Possession and occupation in the context of alienation covenants are not interchangeable expressions. A covenant in a lease that forbids parting with possession is not broken by a tenant who, in law, retains possession, even though the tenant allows another to use and occupy the premises. Possession
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There is no reference to ‘annexe’ in the stamp duty land tax (SDLT) legislation. The key term used is ‘dwelling’. The relevant question, therefore, is in what circumstances is part of a dwelling (eg an annexe) a separate dwelling for the purposes of engaging SDLT multiple dwellings relief? There is no SDLT case law, and little HMRC guidance, that specifically answers this question. But the following principles can be discerned: • the annexe must be suitable for use as a place to
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When dealing with tenant contributions to landlord works, there are two immediate issues to consider in practice: • the potential for the developer’s VAT election to be disapplied and how this can be avoided; see Q&A: Pre-letting agreement where tenant cannot recover VAT and might meet partial cost of works—might a VAT option to tax be disapplied and how can the agreement for lease be structured to minimise risk?,
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Pre-action protocols We refer you to the following Practice Notes which consider the extent to which certain claims are subject to specific pre-action protocols: • For further information on the pre-action protocols and when they apply, see Practice Note: The pre-action protocols and when they apply • For information on the pre-action protocol in professional negligence claims, see Practice Notes: ◦ Professional negligence claims—the pre-action protocol ◦ Professional negligence claims—pre-action protocol—claimant issues ◦ Professional negligence claims—pre-action protocol—defendant Pre-action conduct There are certain situations which are not subject to a specific pre-action
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Long leases not at a low rent Rent Act 1977 tenancies In respect of long leases under the Rent Act 1977 (RA 1977), a tenancy of any length is in principle capable of being a protected tenancy under RA 1977. However, under RA 1977, s 5, long tenancies at low rents of residential premises are outside RA 1977. They instead fall within Part I of the Landlord and Tenant Act 1954 (LTA 1954). See Commentary: Low rents: Hill and Redman's Law of Landlord and Tenant [36]. Housing Act 1988 tenancies In respect of tenancies under the Housing Act 1988 (HA 1988), subject to fulfilling the other criteria (see Practice Note: Assured and assured shorthold tenancies—granting—Criteria for AT), a long lease which has a ground rent of more than £1,000 per year in Greater London and more than £250 per year elsewhere
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The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents sets out at para 4.5 the cases that are excluded. The protocol does not apply: • where there has been a breach of duty owed to a road user by a person who is not a road user • to Motor Insurers' Bureau (MIB) untraced driver claims • where either the claimant
Q&As
In answering this Q&A, we have assumed that the estate administration does not include any contentious work. The costs of applications in which there is no contest, or no order for costs, will normally be charged by the applicant’s solicitor under the rules applicable to all non-contentious matters. Provision is made by the Solicitors’ (Non-Contentious Business) Remuneration Order 2009, SI 2009/1931 for solicitors’ costs to be such sum as may be fair and reasonable, having regard to all the circumstances of the case and in particular to factors set out in SI 2009/1931, art 3, including (among others) the: • complexity of the matter • skill, labour, specialised knowledge and responsibility involved • time spent on the business, and • amount or value of any money or property involved See the commentary in Basis of charge: Halsbury’s Laws of England [710] for more information. Commentary notes that in certain areas of work, such as probate, it may be appropriate to include