The gift is a contingent pecuniary legacy and the treatment of the income from the legacy between the date of death and the date on which the legatee becomes absolutely entitled to the legacy depends on whether the legacy is stated to carry the intermediate income or not. The Law of Property Act 1925, s 175 provides that a contingent gift of either residuary personalty or residuary realty carries the intermediate right to income from the date of death until the date on which the residuary legatee becomes absolutely entitled to the share of residue but the case of Re Raine established that intermediate income is not payable on a contingent pecuniary legacy unless there is an express testamentary provision to the contrary. Therefore, if a testator wishes a contingent pecuniary

A specific legacy is a gift of particular property forming part of the testator’s estate at death. To be effective, a specific legacy must be part of the testator’s property at death and must be identifiable by sufficient description and distinguished from the testator’s estate generally. A contingent legacy is a gift to which a beneficiary will not be entitled until the occurrence of a particular event. See Practice Note: Payment of legacies. Certain rules entitle a beneficiary to income or interest for the period pending receipt of their entitlement under the Will. The rules vary depending on the nature of the gift in question. They are subject to any contrary intention shown in the Will. A specific gift of personalty or realty carries the right to all income earned by the property from the date of death. In calculating the amount of income it will be necessary to take into

The aim of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013), which implement Directive 2011/83/EU, the Consumer Rights Directive, as amended by the Consumer Contracts (Amendment) Regulations 2015, SI 2015/1629, is to ensure that consumers negotiating so-called off-premises agreements on the doorstep or in a field sales environment are in a similar position to those consumers who make purchases at retail premises. The government has produced guidance on the CCR 2013. Right

Section 33 of the Deregulation Act 2015 (DA 2015) provides that a landlord may not serve a section 21 notice within six months of the service of a ‘relevant notice’. A relevant notice is defined in DA 2015, s 33(11) as being an improvement notice relating to a category 1 hazard under section 11 of the Housing Act 2004 (HA 2004); an improvement notice relating to a category 2 hazard under HA 2004, s 12 and an emergency remedial action notice served under HA 2004, s 40(7). DA 2015, s 33(2) provides that a section 21 notice that is served is also invalid where before the section 21 notice was given, the tenant made a complaint

Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) confers on a tenant of a flat a right to acquire a new lease of a flat on payment of a premium. The right is exercised by the service by the tenant of a notice of the claim pursuant to LRHUDA 1993, s 42. The notice must be given to the landlord and contain specified particulars. By LRHUDA 1993, s 40, the landlord for the purpose of LRHUDA 1993, Pt I, Ch II in relation to the lease means the person who is the owner of the interest in the flat that is an interest in reversion expectant on the termination of

We refer you to our Practice Note: , which outlines what constitutes a ‘social enterprise’. According to the government, a ‘social enterprise’ is: 'a business with primarily social objectives whose surpluses are principally reinvested for that purpose in the business or in the community, rather than being driven by the need to maximise profit for shareholders and owners.' Local authorities (LAs) have used a range of legal powers to promote and support social enterprises. The principal legislation used has evolved significantly over the last 40 years. In the early 1970s, section 111 of the Local Government Act 1972 (LGA 1972) together with section 19(3) of the Local Authority (Miscellaneous Provisions) Act 1976 (LA(MP)A 1976) allowed local authorities wide powers to provide grant funding to recreational facilities within or outside their area. Further expansion took place in the early 2000s—section 1 of the Local Government Act 2000 (LGA 2000) introduced

Duties of court-appointed deputies The duties of a court-appointed deputy are set out in: • the Mental Capacity Act 2005 (MCA 2005) • the Mental Capacity Act 2005 Code of Practice • the deputy’s declaration in Form COP4 • other general duties under the law of agency A deputy has a duty to act only within the specific scope of the powers granted by the court, as set out in the order of appointment. See Practice Note: Deputyship—the deputy’s duties and powers for more information. The Mental Capacity Act 2005 Code of Practice refers to a deputy’s duty not to delegate their decision-making responsibilities to someone else at paragraphs 8.61–8.62: ‘8.61 A deputy may seek professional or expert advice (for example, investment advice from a financial adviser or a second medical opinion

Dispute Resolution analysis: The High Court has held that, in principle, the fact a criminal prosecution has taken place does not prevent the bringing of contempt proceedings on the same facts. While it is well established that punishment for contempt is no bar to the bringing of criminal proceedings, the converse was unprecedented. Although the decision is down to the exercise of the court’s discretion, the underlying principle behind the double jeopardy rule is likely to be relevant. Therefore, in practice, permission is unlikely to be granted except, for example, where important new evidence has come to light that was not presented to the jury in the criminal trial. In the present case, the court refused permission to bring committal proceedings as the individual had been acquitted and there was no such new, material evidence to allow a judge to reach a different conclusion.

There is no general right for a director to see legal advice obtained by a company. Whether it is appropriate for the director to do so in any particular situation depends on careful consideration of the directors’ statutory and fiduciary duties and the company’s constitution. The legal powers available to any directors are powers to act on behalf of their company. A director of a limited company is effectively an agent of the company, appointed by the shareholders to manage the company’s affairs. Generally, directors will act together as a board, but the board may also delegate certain of its powers to individual directors or to a committee of the board. As a consequence, any powers directors may have are not independent of the company and, as a rule, a director cannot carry out any activity

Where the proposed security is a legal charge over specific property In general terms, a legal charge can be granted by a borrower by deed executed by that borrower without the lender having to execute the charge deed. Indeed, most legal charges are only ever intended to be signed by the borrower (chargor/mortgagor) and not the lender (chargee/mortgagee). A charge is a disposition of an interest in land, and is not merely a contract for such a disposition, so its execution does not have to comply with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) (which requires both parties to any contract for a disposition of an interest in land to be signed by them or on their behalf and to be embodied in one document incorporating

By section 53(1)(b) of the Law of Property Act 1925, a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing and signed by some person who is able to declare

Under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer cannot make any deductions from the wages of a worker unless: • the deduction is required or authorised to be made by virtue of: ◦ a statutory provision, eg the requirement to make deductions for income tax or National Insurance contributions via Pay As You Earn (PAYE), or ◦ a relevant provision of the worker's contract, eg where the employer provides a loan to the worker and has a contractual