Extinguishment of a prescriptive right of way There are various ways in which a right of way can come to an end: • by express release • by implied release • by unity of ownership • by destruction of either the dominant or servient tenement, or • by statute The grant of an express right of way does not automatically extinguish a pre-existing prescriptive right of way as it does not automatically give rise to any of the above circumstances. However, the grant of an express right of way could, depending on the circumstances of the particular case, in theory be construed as giving rise to an implied release of the prescriptive right of way. In

Para L4.4 of Part 1 of the Workers and Temporary Workers Sponsor Guidance states that none of a sponsor’s key personnel can be: • subject to a Bankruptcy Restrictions Order or Bankruptcy Restrictions Undertaking • subject to a Debt Relief Restrictions Order or Debt Relief Restrictions Undertaking • legally prohibited from being a company director Separately, there is a prohibition on persons who fall within the definition of ‘you or your’ (ie any owner, director, authorising officer, key contact, level 1 user and person involved in the day to day running of the sponsor)

The higher rates of stamp duty land tax (SDLT) apply to purchases of additional residential properties, which means that an additional 3% surcharge will be added to the original SDLT rate. The Practice Note Higher rates of SDLT on additional residential

Inheritance tax is charged on chargeable transfers—see section 1 of the Inheritance Tax Act 1984 (IHTA 1984). A chargeable transfer is a transfer of value which is made by an individual but is not (by virtue of Part II of the or any other enactment) an exempt transfer—see

The prohibition against insider dealing is set out in Article 14 of Regulation (EU) 596/2014 (the Market Abuse Regulation) (MAR) which states that a person shall not: • engage or attempt to engage in insider dealing • recommend that another person engage in insider dealing or induce another person to engage in insider dealing, or • unlawfully disclose inside information Article 8 of the MAR sets out the type of behaviour which constitutes insider dealing and this includes: • where a person possesses inside information and uses that information by acquiring or disposing

The requirements of the Solicitors Regulation Authority’s (SRA’s) insurance distribution regime have very limited application in relation to insurance distribution activities for commercial clients regarding contracts of insurance covering risks within the following categories: • railway rolling stock, aircraft, ships, goods in transit, aircraft liability and liability of ships • credit and suretyship, where the policyholder is engaged professionally in an industrial or commercial activity or in one of the liberal professions, and the risks relate to such activity • land vehicles (other than railway rolling stock), fire and natural forces, other damage to property, motor vehicle liability, general liability, and miscellaneous financial loss, in so far as the policyholder exceeds the limits of at least two

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 issued, 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

For a post-termination restriction to be enforceable by the employer, it first has to be a contractual term; that is, incorporated into a contract between the employer and employee. This will usually be the contract of employment, but may in some cases be a separate collateral contract. Post-termination restrictions will often be introduced at the start of employment but may also be introduced at a later stage. The usual contractual requirements will apply, namely offer, acceptance and valid consideration. The most straightforward method of introducing post-termination restrictions is to do so before a contract of employment is agreed between the parties. At the time of the offer of employment, the employer includes in the offer the terms of proposed post-termination restrictions. The employee is free to accept or reject the terms on offer, including the restrictions. The employer is not obliged to take on the employee unless

Caveats A caveat is a notice in writing that no grant of probate or letters of administration is to be issued in the estate of a named deceased without notice to the caveator. It is entered in the format set out in Form 3 Schedule 1 to the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 and remains in force for a period of six months, subject to extension: NCPR 1987, SI 1987/2024, r 44(3). The provisions regarding caveats are contained in section 108 of the Senior Courts Act 1981 (SCA 1981) and NCPR 1987, SI 1987/2024, r 44. A caveat is usually the first step in any dispute over the validity of a Will. The caveator may then proceed to commence a probate action. Alternatively, the procedure of issuing a warning and entering an appearance will be followed as set out in NCPR 1987, SI 1987/2024, r 44. See Practice Notes:Probate

We assume that this Q&A is referring to a charge that has not been signed by either party. We have also assumed that the charge is registered against a company. Formation of contract A legally binding contract must, among other things, comprise both an offer and acceptance. Practice Note: Forming enforceable contracts—offer analyses the requirements for a legally binding offer, and considers what we mean by 'offer', how to distinguish an offer from an ‘invitation to treat’, with relevant common examples, different species of offer, ie offers which are 'subject to contract', heads of terms and unilateral contracts, and how offers can be terminated. Practice Note: Forming enforceable contracts—acceptance also analyses the requirement of acceptance in the context of forming enforceable contracts, including what we mean by 'acceptance', the different methods of accepting an offer (including prescribed methods of acceptance

The purpose of a health and safety file is to provide information relevant to the works being carried out at the time, but it must also contain information which is likely to be needed during any future construction work to ensure the health and safety of any person. The first question will therefore be to determine whether or not a health and safety file should have been prepared in relation to any works carried out previously. This will depend on the time that any works to the property were carried out and the nature of such works: Pre-2007 A health and safety file may have been required in certain circumstances, but the parties would need to consider the Construction (Design and Management) Regulations 1994 (CDM Regulations 1994), SI 1994/3140 which were in force in relation to any works carried out pre-2007. CDM Regs 2007 If any works were carried out at the property when the Construction (Design and Management) Regulations 2007 (CDM Regs

We have not been able to locate authority specifically dealing with this point. This may be because practically this scenario will only arise in limited circumstances, ie: • where an immediate landlord’s interest is contracted out of the LTA 1954, and has a contractual term of less than 14 months remaining; or • they occupy under a lease within the LTA 1954 but a s 25 notice or s 26 request has been served bringing their interest to an end within 14 months and the immediate landlord wishes to grant a contracted out sublease for that remaining term (less at least one day). Permitted agreements to contract out before the tenancy is entered into; the current position: Halsbury's Laws of England [1602] provides that: 827. ‘Permitted agreements to contract out before the tenancy is entered into; the current position. The persons who will be the landlord [Footnote 1 As to the meaning of 'the landlord'