The orders that the court can make under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) are made from the net estate. The net estate is the estate after the payment of debts including tax. It is defined in I(PFD)A 1975, s 25 as: ‘(a) all property of which the deceased had power to dispose by his will (otherwise than by virtue of a special power of appointment) less the amount of his funeral, testamentary and administration expenses, debts and liabilities, including any inheritance tax payable out of his estate on his death; (b) any property in respect of which the deceased held a general power of appointment (not being a power exercisable by will) which has not been exercised; (c)

Adultery In relation to a divorce in which a party wishes to rely on adultery, in the absence of an admission by the respondent, the adultery must be proved and the court will require evidence, not just of an opportunity to commit adultery, but also of an inclination or passion to commit it. See Practice Notes: Adultery (pre-DDSA 2020) and Defended divorce proceedings (pre-DDSA 2020). Where adultery is not admitted, and in the absence of admissible evidence to prove it, consideration may be given to presenting a divorce petition based on unreasonable behaviour, possibly referring to an improper association as an example of unreasonable behaviour. See Practice Note: Unreasonable behaviour (pre-DDSA 2020). Imerman The decision in Imerman v Tchenguiz marked a sea-change in the way that family courts approach disclosure, see Practice Note: Procedural aspects

A contract will only be capable of being enforced if it has been accepted. This acceptance must be a final and unqualified expression of assent to the terms of an offer, whether through signing a contract, words or conduct. This means that the following will not generally be sufficient to constitute acceptance: • mere acknowledgement of receipt of the offer • assent to an offer, which contains two alternative proposals • a request for information in relation to the terms of the offer Acceptance by conduct The manner in which a person can accept a contractual offer are varied, but an example would be a supplier of goods accepting an offer to buy goods by supplying them to the place and in the quantity specified in the offer. In order to establish

Where a defendant files a counterclaim (which is described in the CPR glossary as being 'a claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim') the same fee is payable as if the remedy sought were the subject of separate proceedings. This fee will therefore be calculated by reference to the value of the counterclaim in accordance with Schedule 1, paragraph 1 of the Civil Proceedings Fees Order 2008 (SI 2008/1053). However, no fee is payable on a counterclaim which a defendant is required

In England and Wales, the definition of ‘Charity’ is governed by section 1 of the Charities Act 2011 (CA 2011). It provides that a charity means an institution which is established for charitable purposes only and is subject to the control of the High Court in the exercise of its jurisdiction in respect to charities. In other words, the institution must be established for purposes which are exclusively charitable and is subject to the control of the Chancery Division of the High Court of England and Wales (eg in relation to cy-pres schemes). Unless the context otherwise admits, an institution for these purposes means an institution whether incorporated or not, and includes a trust or undertaking (CA 2011, s 9(3)(4)). In practice charities are structured as either trusts, unincorporated organisations, unincorporated associations or charitable companies. By CA 2011, s 2, charitable purposes means purposes which are for the public benefit and fall

Your question concerns the definition of ‘associate’ in CA 2006, s 988 and the interesting issue of whether this definition can or should extend to an individual (X) who is the sole shareholder of a corporate bidder (B) in the context of an offer for a target (T) in which X is also a shareholder. We have assumed for the purpose of this response that the shares in T were acquired by X prior to the date of the bid. Background A bidder is entitled to exercise the compulsory acquisition procedure in CA 2006, ss 974–982 if it has acquired (or unconditionally contracted to acquire) 90% of the shares to which the offer relates and 90% of the voting rights carried by those shares. Under CA 2006, s 977(2), ‘shares to which the offer relates’ do not include shares that an associate of the bidder holds at the date of the offer,

In the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009), the only definition of ‘public authorities’ is covered in s 23, and for that section the list of ‘authorities’ to which that section (and s 24) is relevant include: • (a) the Arts Council of England; • (b) the English Sports

Section 1159(4) of the Companies Act 2006 provides that for the purpose of the section, the expression ‘company’ means

Requirement for an EPC Under the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118 an EPC is required: • when an existing building is sold or rented out (EPC Regs 2012, SI 2012/3118, reg 6) • when a building under construction is finished (EPC Regs 2012, SI 2012/3118, reg 7A(1)(a)) • after refurbishment when there are greater or fewer separate parts of the building and the modification includes the provision or extension of fixed heating, air conditioning or mechanical ventilation systems (EPC Regs 2012, SI 2012/3118, reg 7A(1)(b)) An EPC will generally

For information generally on trade union recognition in the context of the right to collective bargaining, see: • Practice Notes: ◦ The rights conferred by trade union recognition ◦ Trade union recognition • Commentaries: ◦ Recognition and the Right to Collective Bargaining: Harvey on Industrial Relations and Employment Law [901]–[1000] ◦ Statutory recognition: Harvey on Industrial Relations and Employment Law [1001] Does the definition of trade dispute extend to cover the refusal by an employer to voluntarily recognise a Union for collective bargaining? Yes. A 'trade dispute' is defined in section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). That definition includes 'a dispute between workers and their employer which relates wholly or

A director’s duty to act in the interests of the company’s creditors as a whole survives the appointment of an administrator and a liquidator in a creditors’ voluntary liquidation. In Re System Building Services Group Limited, the judge held that directors seeking

CPR PD 51U, para 1.2 provides that the disclosure pilot applies in the Business and Property Courts: ‘…The pilot applies from the Commencement Date for two years to existing and new proceedings in the Business and Property Courts of England and Wales and the Business and Property Courts in Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle…’ If