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PRECEDENTS
This Contract is made on the [date] Parties 1 Between[name and address of lead agency/agencies] 2 And [name of individual and address] 3 [name of individual]agrees the following in respect of future conduct– ARCHIVED: This Precedent has been archived and is not maintained. Personal behaviour 1 I will not deliberately damage any property in or around [specify area]. 2 I will not write graffiti in or around [specify area]. 3 I will not throw anything, including stones, at residents or passers-by in or around the estate. 4 I will not swear at, threaten or verbally abuse residents or passers-by on the estate.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Anti-social behaviour (ASB) ASB is a broad term used to describe day-to-day incidents of crime, nuisance, disturbance, annoyance and disorder. ASB includes behaviour such as littering, vandalism, noise nuisance, loud music, aggressive dogs and abusive neighbours. Local authorities may be required to deal with ASB in both a housing and non-housing context. In a housing context, a landlord may be required to deal with ASB between neighbours and members of their households or involving uninvited visitors to estates. In a non-housing context, ASB may include street drinking, gangs of youths and prostitution. Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) received Royal Assent on 13 March 2014. It has reformed the tools available for dealing with ASB. The aim was to consolidate remedies and to make the process simpler and more effective. In July 2014, the government issued statutory guidance ‘Anti-social behaviour powers:
GLOSSARY
Tests undertaken to see if the facility (or other project asset) meets the standards required for the Authority to accept the facility as complete.
GLOSSARY
A condition to an offer as to the minimum level of acceptances of an offer below which the offeror may decline to proceed with the offer. Rule 10.1 requires any offer for voting equity share capital or for other transferable securities carrying voting rights to include an acceptance condition that is not capable of being satisfied unless the offeror has acquired or agreed to acquire (either pursuant to the offer or otherwise) shares carrying over 50% of the voting rights. Rule 9.3 requires that a mandatory offer must be conditional only on acceptances being received which, together with shares acquired (or agreed to be acquired) before or during the offer, will result in the offeror and its concert parties holding shares carrying more than 50% of the voting rights in the offeree.
GLOSSARY
A notice published by an offeror in accordance with Rule 31.6 of the Code of its intention to invoke the acceptance condition so as to cause the offer to lapse on a date which is: • on or after Day 21, and • earlier than the unconditional date
PRACTICE NOTES
The Acceptance in Lieu (AiL) scheme allows those who are liable to UK inheritance tax (IHT) to apply to settle the tax by offering heritage property in full or part payment of the IHT liability. The property must be pre-eminent for their national, scientific, historic or artistic interest and HMRC and the Secretary of State must agree to the application. As with other heritage property reliefs, the aim of the AiL scheme is to ensure that pre-eminent heritage assets are retained in the UK for the public benefit rather than sold to private dealers and/or moved out of the country. What property may qualify for the AiL scheme In common with the conditional exemption from IHT, the AiL scheme requires the heritage property to qualify and be designated as pre-eminent or otherwise be accepted by HMRC as qualifying for the scheme. Any of the following property may be accepted by HMRC in satisfaction of the whole or part of an IHT liability: • any land (including any buildings on the land) as agreed with
CHECKLISTS
This Checklist on accepting Part 36 offers summarises the key factors to consider when accepting a Part 36 offer and the subsequent steps that may arise following acceptance, including enforcing the Part 36 offer. For the purposes of this checklist, it is assumed that the offer was made with reference to CPR 36.1 to CPR 36.17 and is not being made in a claim to which CPR 36.18 onwards applies (ie personal injury and RTA protocol and EL/PL protocol offers to settle). Note, this Checklist does not cover the specific Part 36 provisions which apply only to fixed costs cases. For further information on the Part 36 consequences for fixed costs cases that are issued on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023). Consideration Guidance Further information Pre-acceptance Validity of Part 36 offer When considering whether or not to accept a Part 36 offer, it is important to check whether or not the offer is a valid Part 36 offer which will
PRACTICE NOTES
This Practice Note covers issues in relation to an insolvent tenant in terms of surrender, sureties, subtenants, charges, access to the premises, goods left behind by the tenant and HM Land Registry’s requirements. Accepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra requirements before the landlord can forfeit (eg the need for a court order or administrator’s consent in the case of a tenant in administration). For further guidance on the different forms of insolvency, see Practice Note: Quick guide to property insolvency. The landlord is likely to be under pressure to conclude any surrender as soon as possible. In order to avoid problems at a later date, however, the following issues should be considered. How surrender operates There are two types of surrender, express and implied. For the formalities for an express surrender, see Practice Note: Lease surrenders, and for guidance on implied surrenders, see Practice Note: Surrender by operation of law (implied surrender). An
PRACTICE NOTES
Background to the regulated activity of accepting deposits Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK unless that person is authorised or exempt. This is known as the general prohibition. For more information about the general prohibition and its territorial scope, see Practice Notes: The general prohibition and implications of its breach and Territorial scope of the general prohibition. 'Regulated activities' are defined as including specified activities carried on by way of business that relate to ‘specified investments’ or property of any kind to which the specified activity relates. ‘Specified’ for these purposes means specified by HM Treasury. The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO) sets out a number of activities and investments which are so specified. For further information on what constitutes regulated activities, see Practice Note: What are regulated activities? For more information about what 'by way of business' means in relation to insurance, see Practice Note: What does 'by way of business' mean? This
PRACTICE NOTES
This Practice Note explains the various potential implications for a landlord to consider before accepting rental payments from third parties, including arguments that rent paid by a third party has given rise to a surrender by operation of law and re-grant to the third party, or that the landlord is estopped from denying that an assignment has taken place by virtue of the third party rental payment. The issue may arise in particular where: • a company related to the tenant company (such as a parent company or subsidiary) tenders the rent • the tenant is proposing to, or is in the process of, assigning their lease • the tenant company is insolvent (for example in administration) and a third party is interested in occupying the premises Surrender by operation of law One potential risk to take into account is whether or not accepting rent from a third party may give rise to a surrender by operation of law and grant of a new implied lease to the third party which has
GLOSSARY
The making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services, including when they are used for the delivery of information society services or broadcast content services.
GLOSSARY
Directive 2002/19/EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities, as amended by Directive 2009/140/EC of the European Parliament and of the Council.