Where an individual signs a Will in a foreign language and it is known that they do not have a good understanding of that foreign language, there is a potential issue as to lack of knowledge and approval of the Will such that the Will could be held to be

A bankrupt is subject to an ongoing duty to co-operate with their trustee in bankruptcy (trustee) pursuant to inter alia section 333 of the Insolvency Act 1986 (IA 1986). The duty to co-operate continues after receipt of discharge from bankruptcy (IA 1986, s 333(3)). Breach of IA 1986, s 333 is punishable by a contempt of court (IA 1986, s 333(4)). IA 1986, s 333(2)

Beneficiaries in occupation It is quite common for a beneficiary to occupy the deceased’s property. This can occur in two situations. The first is, as envisaged by the question, when the beneficiary has been in occupation for some years during the lifetime of the deceased and is perhaps caring for them. The second situation is when the beneficiary moves into the property after the death. The occupation by a beneficiary can have some advantages for the estate as the property is being maintained. However, it usually raises the problem of how to sell the property if the beneficiary refuses to move as the property will usually be the main asset of the estate and will need to be sold so the executors can properly administer the estate in accordance with their duties under section 25 of the Administration of Estates Act 1925 (AEA 1925). Occupation by a beneficiary can also raise the issue of the duties to maintain

Section 593(1) of the Companies Act 2006 (CA 2006) provides that a public company must not allot shares otherwise than in cash unless: • the consideration for the allotment has been independently valued • the valuer's report has been made to the company during the six months immediately preceding the allotment of the shares, and • a copy of the report has been sent to the proposed allottee For these purposes, the application of an amount standing to the credit of any of a company’s reserve accounts or its profit and loss account in paying

In this Q&A, we have assumed that the company proposing to carry out a bonus issue is a private company limited by shares. A bonus issue is the allotment of shares by a company to its existing shareholders, usually on the basis that they are fully-paid (as that is often a requirement of its articles of association), and without any payment being required by shareholders for those shares. In essence, a bonus issue will involve a resolution of a company to effect the capitalisation of existing reserves into (normally) fully-paid shares by allotting the shares and applying reserves in paying them up. It is not possible for a shareholder in a company that is making a bonus issue to refuse the allotment of any shares that they are entitled to or to waive that entitlement. However, it is possible for a bonus issue to be made on

This point is addressed in Commentary: Prepayments and cancellation: Encyclopedia of Banking Law [1728]. This states: ‘If there is no express right of prepayment, the borrower may not be entitled to prepay. It was held in Hooper v Western Counties and South Wales Telephone Co Ltd (1892) 68 LT 78 that debentures are not redeemable before the stated fixed date unless otherwise provided. An Australian court has delivered the same opinion in relation to a loan: Hyde Management Services (Pty) Ltd v FAI Insurances (1983) 144 CLR 541. But contrast Lancashire Waggon Co Ltd v Nuttall (1879) 40 LT 291, 42 LT 465, CA where it was held that a buyer under a hire-purchase agreement could prepay, and hence acquire title, by paying all amounts that

Is a tenant who is in breach of a lease entitled to enfranchise? In short, it will depend on the breach complained of. In respect of lease extensions, under section 14(3) of the Leasehold Reform Act 1967 (LRA 1967), a tenant is not entitled to require that a new lease be executed unless they have paid: • all reserved rents • all costs incurred in dealing with the lease extension claim under LRA 1967, s 14(2) • any other sums due or payable under the existing tenancy or collateral agreement If the amount due cannot at that point be ascertained, the tenant must offer reasonable security. See Tender of sums due to landlord as a condition of grant of new tenancy: Halsbury's

Practice Note: LTA 1954 business lease renewal—termination provides guidance on this scenario. The position with regard to termination on or after the expiration of the fixed term of a business lease depends upon whether or not it is within the scope of Part II of the Landlord and Tenant Act 1954 (LTA 1954) which governs security of tenure for business tenants. For the purposes of this query, we assume you are referring to a lease with security of tenure under LTA 1954, where the contractual term has now come to an end, and the tenant has remained in occupation for business purposes, holding over. A business lease within the LTA 1954, automatically continues after the expiry of the contractual term on the same terms if the tenant remains in occupation for business purposes. Either the landlord or the tenant can terminate a business lease, by service of one of the statutory notices of termination.

The question correctly identifies that the first port of call for quantification of the likely award of general damages should always be the Judicial College Guidelines (JC Guidelines), now in their 15th Edition. The JC Guidelines are most useful in identifying the minimum and maximum award that can, potentially, be recovered for particular injuries. However, many of the brackets are wide, covering a considerable range of injuries of differing severities. Hence, the JC Guidelines alone will rarely provide the answer as to the appropriate quantification in a specific case. A ‘broken arm’ will, undoubtedly, fall to be classified under Chapter 7(F) of the JC Guidelines but that Chapter provides a clear example of the inherent limitations of the JC Guidelines. To answer the first part of the question,

It is first important to consider whether there is a valid contract which is capable of being enforced. Under English contract law, a contract is formed when: • a valid offer is accepted • there is valid consideration • the parties intend to create legal relations For more information on the requirements for an enforceable contract, see: Formation and interpretation—overview and the related Practice Notes. In particular, you may find useful, Practice Note: Forming enforceable contracts—acceptance which outlines how a party can accept an offer, which in some cases may include acceptance by conduct. To establish that express terms conditions (T&Cs) have been incorporated

The subtopic: Applying for a licence, in the topic Work sponsorship: sponsors, covers the requirements for and procedure for applying for a sponsor licence. Within that subtopic, Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability summarises the eligibility and suitability criteria for organisations seeking to register as sponsor employers. It notes that the eligibility criteria for obtaining a sponsor licence are not located in statute law nor in the Immigration Rules; they are mainly contained within the Workers and Temporary Workers Sponsor Guidance. There is also supplementary guidance contained elsewhere on the UK Visas and Immigration pages of the GOV.UK website. Relevant links to these are in the Practice Note, either in the text or as a ‘margin note’. A potential sponsor must be a genuine organisation operating lawfully in the UK, and the Sponsor Guidance notes that an organisation is deemed as operating

This Q&A focuses on class rights attaching to shares, but a company that does not have a share capital may have separate classes of members, with different rights. A company having a share capital may have separate classes of shares. The rights attaching to a particular class of shares will usually be set out in a company’s articles of association or in a shareholders’ resolution approving the allotment of the shares and there may be further shareholder resolutions amending share rights in accordance with the Companies Act 2006 (CA 2006). Rights attaching to a particular class of shares may also be set out in a shareholders’ agreement. In determining whether class consent is required before preference shares in the capital of a company can be cancelled, it is necessary to consider the provisions of its articles of association and any other document setting out the rights attaching to shares, as well as CA 2006, s 630. Class