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The options available to the trustees in terms of making a loan to a discretionary beneficiary will depend on their powers and the exact provisions of the trust deed, as well as the terms on which they would like to make the loan. The trustees may have an express power
Q&As
Under paragraph C1.1(b) of the Admiralty and Commercial Courts Guide, statements of case should be limited to 25 pages in length. The court will only exceptionally give permission for a longer statement of case to be served; and will do so only where a party shows good reasons for doing so. Where permission is given the court will require that a summary of the statement of case is also served (CPR PD 16, para 1.4). For further guidance on the defendant’s statements of case in the Commercial Court, see Practice Note: Statements of case in the Commercial Court. Any application to serve a statement of case longer than 25 pages should be made on paper to the court
Q&As
In answering this Q&A, we refer you to Practice Note: LPAs—revocation and disclaimer which you may find useful for your purposes. A lasting power of attorney (LPA) may be revoked at any time, even following registration at the Office of the Public Guardian (OPG), provided that the donor still has the necessary capacity to revoke the power (section 13(2) of the Mental Capacity Act 2005). For further details, see: • Practice Note: Capacity to create or revoke an LPA • Practice Note: LPAs—revocation and disclaimer • Revocation of lasting
Q&As
Outsourcing agreements usually run for long periods of time and, as a result, it is common for the parties to agree mechanisms through which the supplier’s charges can be varied. Depending on the nature of the transaction, these mechanisms can be simple, such as an annual increase based on an agreed measure of inflation, or they can be complex, such as a variation method based on the volumes that the supplier processes. An agreement will often contain a combination of charge variation mechanisms, each addressing a different underlying issue or type of underlying cost. This response is limited to the following methods of price adjustment in outsourcing, each of which is to some degree intended to address changes in the supplier’s underlying costs: • indexation • post-contract verification • cost-plus pricing • change control These and related issues are considered in more detail, in Practice Note: Charging models in outsourcing. Indexation In some outsourcing situations, it may be appropriate to provide for the charges to be increased
Q&As
The form contained in Annex V in Brussels I is required when seeking to enforce a foreign judgment under the provisions in Brussels I. When enforcing a judgment make sure that you are enforcing under the correct regulation ie either Brussels I or Brussels I (recast). The transitional arrangements as to which regulation applies are considered in Practice Note: Guide to Brussels I (recast) [Archived]—Transitional arrangements. The information required to complete the form is set out either in Brussels I or in the judgment that you are seeking to enforce. We have provided some assistance on completing the certificate
Q&As
We do not have guidance on the specific point raised in this Q&A. However, the following may be useful. Providing services to consumers • Practice Note: Consumer Rights Act 2015—summary • Practice Note: Consumer Rights Act 2015—summary • Practice Note: Contracts for the supply of services—business
Q&As
What service regime applies? To determine how to serve a judicial or extrajudicial document on a person residing in another country, it is important to consider which service regime applies in both the country in which the document originates and also the country in which the document is to be served. In situations where the same regime is available in both countries that regime will apply. Both the USA and the UK are parties to the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention). As such, the Hague Service Convention is applicable. For further information, see : Which service regime applies—checklist. Does the service regime apply to Summons? The Hague Convention applies when serving a judicial or extrajudicial document. Judicial documents include: • writ of summons • witness summons (Schneider v Caaesartone Australia [2012] VSC
Q&As
Statutory designations protect England’s terrestrial natural environment under national law and government policy. When reviewing planning applications, local authorities (LAs) are required to consider the effect a proposed development will have on designated sites and areas. For general guidance, see Practice Note: Biodiversity and nature—protected sites. The government has published guidance to assist LAs in this regard. In particular, Chapter 15 of the National Planning Policy Framework outlines what LAs need to take into account when assessing planning applications with regards to the conservation and enhancement of the natural environment. Further specialist guidance is provided on various issues, including statutory duties for protected sites and public body responsibilities for SSSIs. Local Nature Reserves Local Nature Reserves (LNRs) are places with wildlife or geological features of special interest locally. LNRs are declared by LAs under section 21 of the National Parks and Access
Q&As
For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade in services between the remaining members of the EU (EU27) and the UK. This response does not focus on other legal, commercial and operational aspects which may be impacted by a ‘no deal’ Brexit in March 2019, such as (a) movement of people; (b) data protection; (c) intellectual property; (d) specific services, which may be subject to specific rules or arrangements (eg the insurance, banking and financial services or e-commerce sectors). Key guidance focusing on the WTO rules in a ‘no deal’ Brexit scenario includes: • Practice Note: International trade hub (in particular News Analyses: Post-Brexit trade-off—playing by the WTO rules and Brexit and the UK’s status in the WTO) • Practice Note: Brexit—UK tax consequences [Archived] • Practice
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The owner of a premises owes a number of potential duties in relation to ensuring that the condition of the premises do not cause personal injury. If the owner of the premises is also the occupier, they will owe a duty to lawful visitors to take reasonable care to ensure that the premises are reasonably safe under the Occupiers’ Liability Act 1957 (OLA 1957) (see Practice Note: Occupiers' liability claims—lawful visitors). Alternatively, a more limited duty is owed under OLA 1957 to trespassers to premises, where it is necessary for the claimant to prove that the occupier knew (or should of known both of the potential danger and that the
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Section 7 of the Interpretation Act 1978 (IA 1978) states: 'Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.' See also the annotations provided by Halsbury’s Annotations on Section 7, references to service by post for further information. According to Halsbury’s Laws of England, in the commentary on Proof of delivery, available in Lexis®Library (see footnote 6): 'Section 7 is in two parts, the first part dealing with what has to be done in order for service to be deemed to have been effected, and the second part, which may be rebutted by proof, dealing with
Q&As
Section 282 of the Charities Act 2011 (CA 2011) applies to spending from a larger fund endowment. A fund is designated as such where: • the gross income of the charity in the last financial year was over £1,000, and • the market value of the fund (as recorded in its accounts for the last financial year, or if none, the value determined by a special valuation carried out for this purpose) is over £10,000 We assume that the charity in question fulfils both of those criteria. If