Does one proprietor have authority to redeem a rent charge on behalf of all the proprietors subject to the same rent charge We are not aware of any direct authority on this, however it will depend on the construction of the document(s) creating the rentcharge. If each freehold property is subject to the rentcharge it is difficult to see how an individual owner of one of the freehold properties would have the ability to enter into a deed of release effectively releasing or exonerating the other individual freehold titles. In this scenario, the best approach from a practical perspective

How should rent charge be apportioned when completing on the deed of release? We assume that you are referring to a deed of release for part of land subject to a rentcharge and that the deed of release is being entered into with the rentcharge owner with or without the joining in of the other landowners whose land is subject to the rentcharge. See for example Precedent: Release of part of land from the whole, and the remainder of the land from a proportion, of an unregistered rentcharge: Encyclopaedia of Forms and Precedents

The higher rates of stamp duty land tax (SDLT) will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns

Under section 76 of the Employment Rights Act 1996 (ERA 1996) and the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312, reg 13 parents of a child (whether born to the parents or adopted) are entitled to take up to 18 weeks of unpaid leave to care for that child at any time before the child's 18th birthday (MAPLE 1999, SI 1999/3312, reg 14). Each parent is entitled to the full 18 weeks, making a total of 36 weeks available but there is no provision for transferring the entitlement between parents. See the section ‘Entitlement’ of Practice Note: Parental leave. The position as to whether an employee can carry over parental leave, which they have been unable to take during the year, will vary depending on whether the entitlement to leave is contractual or statutory. Statutory entitlement There is a specific right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833,

We assume the contract in question is an off-premises business-to-consumer (B2C) contract for the supply of services, with both contracting parties based in the UK. Consequences for cancellation rights Regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) deals with the provision of services during the cancellation period and states that the trader should not provide the service during the cancellation period unless the consumer

For further information about sick pay, generally, see Practice Note: Sick pay. There is a statutory entitlement for all employees, subject to certain exceptions, to receive statutory sick pay (SSP) from their employers, under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992). The essential qualification requirements for SPP are that an employee must: • be an employee as defined and not fall within one of the excluded categories • be too ill to undertake any work under their contract of employment on any day for which they claim SSP, or be deemed to be so • have at least four consecutive days' sick absence (including Sundays and Bank holidays) during which they are too ill to work; this is referred to

In order to be able to exercise the right to acquire the freehold conferred by the Leasehold Reform Act 1967 (LRA 1967), a tenant must be the tenant holding under the terms of a long lease of the whole of a leasehold house. A ‘house’ is defined in LRA 1967, s 2(1) as including: ‘any building designed or adapted for living in and reasonably so called, notwithstanding that the building is not structurally detached, or was or is not solely designed or adapted for

Formal insolvency processes such as compulsory or creditors' voluntary liquidation, administration or company voluntary arrangement bring an end to creditors' ability to bring legal action against a company for the recovery of debts. When a debtor company is subject to one of these insolvency processes it does not automatically mean that there will be no payment to creditors; whether there will be a payment to creditors from the insolvency process (called a dividend in insolvency legislation) will depend on the realisable value of the assets owned by the company and the amount owed to creditors. If a company goes into liquidation it will cease to trade, all its assets will be sold and the company will ultimately be dissolved. If a company goes into administration it may continue to trade for a short while. In the vast majority of administrations all the company's assets are then sold, possibly in one lot as a going concern business, and the company is dissolved, possibly first going

CPR 44.13(1) sets out the scope of the qualified one-way costs shifting (QOCS) regime and provides that QOCS applies to ‘proceedings which include a claim for damages (a) for personal injuries…’. CPR 2.3(1) provides that a ‘claim for personal injuries’ means ‘proceedings

This Q&A considers whether work experience must be paid in order for it to count towards the Solicitors Qualification Examination (SQE) requirement for Qualifying Work Experience (QWE). What is QWE? In order to qualify as a solicitor under the SQE, a candidate must: • have a UK degree in any subject (or a qualification or experience that is equivalent to a degree—this would include a solicitor apprenticeship) • pass two SQE assessments, and • complete two years’ full-time (or full-time equivalent) QWE See

The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (RRO 2003), SI 2003/3096, Sch 2 para 5 provides: 'A reference to the notice and, where paragraph 3 applies, the declaration or, where paragraph 4 applies, the statutory declaration must be contained in or endorsed on the instrument creating the tenancy.' The RRO 2003 requires a series of steps to be carried out in order for the lease to be contracted out, and a reference to the notice and statutory declaration in the lease is one of them. Although it is important to note that the RRO 2003 does

In a TUPE transfer, regulation 10 of the TUPE Regulations prevents contractual rights relating to old age, invalidity or survivors' benefits under occupational pension schemes from transferring across to the new employer (the transferee). This is known as TUPE's pension exception. The application of regulation 10 is determined not by the nature of the particular TUPE transfer concerned but instead by the nature of the pension scheme concerned. Regulation 10 specifically applies only to occupational pension schemes. As a result, the exception does not apply to personal pension schemes or group personal pension schemes (since they are not occupational pension schemes). Thus, where the transferor's pension scheme is a personal or group personal pension scheme, contractual rights relating to such a scheme (including any contractual rights relating to employer contributions) will not be covered by the pension exception and will transfer under TUPE,