A pension scheme set up under trust does not have an individual legal personality (eg pension scheme assets are held not by the scheme, but by the trustees on behalf of scheme beneficiaries). As a result, a claim by a pension scheme is issued in the name of the individual trustees (acting as trustees of the pension scheme). Of course if the pension trustee is a corporate

The system for handling low value personal injury cases was introduced for motor claims on 30 April 2010. Its aim was to introduce a streamlined process for the settlement of straightforward cases, avoiding litigation and allowing for staged payments of damages and fixed costs within a reasonable period. The requirements pre-issue are contained within the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). See Commentary: Overview: Bingham & Berrymans' Personal Injury and Motor Claims Cases [20.1]. The RTA Protocol applies to all road traffic accident (RTA) claims: • where the claim includes damages in respect of personal injury • with a value between £1000 and £25,000 where the accident occurred on or after 31 July 2013, or £1000–£10,000 where the accident occurred on or after 30 April 2010 and before 31 July

The starting point for loss and injury caused by flooding is that there is no common law legal right to be protected from flooding and its effects. At common law, landowners are primarily responsible for safeguarding their land and property from flood risks. The default legal position is that it is for landowners to adopt flood defences in order to protect their land. There are a number of bodies vested with statutory powers to manage flood risks, depending on whether these arise from the coast or rivers. The same basic legal principles will govern all flood defence works and this answer focuses on the powers of the Environment Agency (EA) under Part VII of

This Q&A considers the procedural rules on pleading interest and specifically relating to statutory interest. It is first worth noting that statutory interest most commonly refers to interest under the court's inherent jurisdiction under section 35A of the Senior Courts Act 1981, or section 69 of the County Courts Act 1984. The current County Court rate being 8% per annum. However another commonly used statutory interest is payable under the Late Payment of Commercial Debts (Interest) Act 1988 (LPCD(I)A 1998) (which allows businesses (and organisations in the public sector) to claim statutory interest for late payment of commercial debts). See Practice Note: Late Payment of Commercial Debts (Interest) Act 1998. In this case, the applicable rate of interest is 8% above the Bank of England’s base rate. This is not an exhaustive list of enactments which may confer an entitlement to claim interest

This Q&A considers the effect on a claim of default judgment on a counterclaim. This is not a question of procedure as such; it is a matter of res judicata and issue estoppel. As a matter of form, the claim will survive the granting of default judgment on the counterclaim. However, a default judgment is regarded as conclusive of such matters as are strictly necessary for the decision. If the factual connection between the claim and the counterclaim is such that the default judgment on the counterclaim necessarily and with complete precision answers (in the defendant’s favour) the factual questions that the claimant needs to establish in order to prove his claim, then the defendant is able to obtain summary dismissal of the claim. The question was recently discussed in detail, in the case of Goldcrest Distribution Ltd v McCole. See in particular the discussion

Unlike lettings of residential property (where the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, SI 2020/312 apply), there is no bespoke statutory regulation that imposes specific duties in relation to electrical safety on the landlord of a commercial property when letting it to a tenant. Although we are aware of some online commentary that suggests otherwise (some of it with reference to specific provisions of the Landlord and Tenant Act 1985), we have been unable to verify its accuracy. Generally speaking, the responsibility for maintenance and repair will depend on the terms of the lease and, most importantly, the definition of the demised premises. As an example, if the lease is part only of the landlord’s property, then the demise will usually include only the conduits/service media (which would include electrical systems/wiring) within and exclusively serving the demised premises, and which are owned by the landlord and exclude any

Stamp duty land tax (SDLT) is charged on chargeable land transactions. A land transaction is defined as the acquisition of a chargeable interest. The term acquisition is not specifically defined in the SDLT legislation. However, the legislation provides at sections 42(2) and 43(2) of the Finance Act 2003 (FA 2003), that: • the acquisition of land does not require there to be an instrument effecting the transaction • the SDLT provisions apply however the acquisition of land is effected, and • the

The Community Infrastructure Levy ('CIL') was introduced by section 205 of the Planning Act 2008 (PA 2008) and came into force in 2010. It allows local authorities to raise a charge in their area on developments which create a new dwelling or additional floor space of 100 sqm or more, where the local authority has consulted on and approved a charging schedule setting out the levy rates. Detailed rules are set out in the Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, as amended, made under the PA

With regards to annual returns, under section 169(2) of the Charities Act 2011, a registered charity does not need to prepare an annual return in the form prescribed by regulations made by the Commission in an instance where the charity’s gross income for a financial year does not exceed £10,000, subject to whether the charity is constituted as a CIO. A company limited by guarantee is treated in the same way as a company limited by shares when it comes to available insolvency procedures. Regarding the sale of leasehold land,

This Q&A relates to consumer customers and the business concerned in this Q&A is not in a regulated area such as financial services. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 apply to contracts between traders and consumers made on or after 13 June 2014, see Practice Note: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and their impact on costs and funding. A trader is required

There is no requirement under the Companies Act 2006 for a company to notify Companies House of the satisfaction of a charge or file a form MR04 prior to filing a form DS01 to strike off and dissolve a company and Companies House may proceed to strike off a company without requesting a form MR04 to be filed. Companies

A company limited by guarantee is a type of company whose members have undertaken to contribute to the assets of the company in the event of it being wound up. It is not possible for a company limited by guarantee to be a public company. Since 22 December 1980 (1 July 1983 in Northern Ireland), it has not been possible to form a company limited by guarantee with a share capital. Instead of the members holding shares in the company, they give a guarantee to pay a certain amount in the event