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GLOSSARY
Affiliate advertising is performance based marketing where a company rewards affiliates for promoting the company by paying the affiliates a commission on the sales generated or number of visitors to the company’s website.
GLOSSARY
In relation to the definition of acting in concert, any undertaking in respect of which any person: (a) has a majority of the shareholders’ or members’ voting rights (b) is a shareholder or member and at the same time has the right to appoint or remove a majority of the members of its board of directors (c) is a shareholder or member and alone controls a majority of the shareholders’ or members’ voting rights pursuant to an agreement entered into with other shareholders or members; or (d) has the power to exercise, or actually exercises, dominant influence or control
PRACTICE NOTES
Affirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of: • a repudiatory breach of contract (including anticipatory breach (renunciation)), or • a misrepresentation which entitles the innocent party to rescind the contract It is important to understand what affirmation is and what it requires in order to be aware of the risks should a counterparty be in repudiatory breach. Failure to understand could lead to your client not successfully affirming a contract it wishes to continue or inadvertently losing its rights to terminate by accepting a repudiatory breach. This Practice Note focuses on affirmation in the event of repudiatory breach. For information on affirmation in the context of misrepresentation, see Affirmation where other remedies are available below. Affirmation and repudiatory breach A repudiatory breach is a breach of contract that goes to the very core of the contract entitling the innocent party to treat the contract as being disregarded and to refuse to be bound by its terms. Where there is a repudiatory breach of contract, the innocent party
GLOSSARY
A non-religious alternative to the oath sworn by someone about to give evidence in court or swearing a statement.
GLOSSARY
Affirmation is an indication of the intention to continue with a contract.
GLOSSARY
In legal practice, to affix means to attach, apply or place something (such as a seal, signature, notice, label or exhibit) to a document, instrument or property to authenticate it, execute it, or give statutory or court‑ordered notice. The word is not generally defined in one statute, but is used across legislation, court rules and case law, which often specify what must be affixed, by whom, where and how.Common uses include: affixing a company’s common seal to a deed or share certificate (method usually set by the company’s articles; seals are optional in England and Wales, Scotland and Northern Ireland, but procedures remain common in Ireland); affixing statutory notices in a conspicuous place on land or premises (e.g. planning, licensing, housing or enforcement regimes), where strict compliance can be a condition of valid service; and affixing exhibits to affidavits or witness statements with appropriate marking and certification. Historic references include affixing adhesive revenue stamps to instruments.In electronic execution and sealing, “affixed” can describe attaching or logically associating an electronic signature or e‑seal to data under the UK’s retained eIDAS framework and the EU eIDAS Regulation in Ireland.Practically, verify the governing provision or articles: defective affixing may invalidate execution or notice. Usage is broadly consistent across the UK and Ireland.
GLOSSARY
Housing for sale or rent, for those whose needs are not met by the market (including housing that provides a subsidised route to home ownership and/or is for essential local workers); and which complies with one or more of the four definitions set out in the NPPF, namely:(i) Affordable housing for rent; (ii) Starter homes; (iii) Discounted market sales housing; (iv) Other affordable routes to home ownership.
GLOSSARY
This is a new alternative form of affordable housing provision specifically for the BTR industry. The developer or investor would be required to make a number of units available to qualifying low income households at a discount from market value (likely to be 20%)
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It concentrates on explaining what are low cost home ownership arrangements, what eligibility requirements are and how disposals can be arranged. According to the House of Commons Library Research Briefing CBP07747 ‘What is Affordable Housing?’ (July 2023): ‘There is no all-encompassing statutory definition of affordable housing in England.’ This ambiguity encompasses definitions of affordable home ownership. The most commonly referred to definition of ‘affordable home ownership’ is set out in Annex 2 (c–d) of the National Planning Policy Framework (NPPF). This is the definition that local planning authorities apply when making provision within their areas to meet local demand/need for affordable housing. According to the NPPF, affordable home ownership includes the following categories: • discounted market sale (DMS) housing (with a discount of at least 20%) • other affordable routes to how ownership (including shared ownership and rent to buy) Prior to publication of the revised NPPF, published on 12 December 2024, ‘starter homes’, as defined by section
PRACTICE NOTES
Affordable housing is a term used to describe housing for sale or rent for those whose needs are not met by the market. It includes housing that provides a subsidised route to home ownership and/or is for essential local workers or national military housing needs. To qualify as affordable housing for planning purposes, it must fall within one or more of the definitions in Annex B to the National Planning Policy Framework (NPPF). Affordable housing is delivered principally through two routes: • through government funding, mainly through its development agency, Homes England (HE) (see: Role of Homes England below) • by developers of private market housing—local planning authorities (LPAs) are required to ensure that their local plan meets the needs for market and affordable housing. When an LPA identifies a need for affordable housing, they should set policies which require developers of housing to provide a certain percentage of that housing as affordable homes (typically, policy provides a starting point of around 30%), which will usually be sold on to and managed by registered providers. It is then usually a
PRACTICE NOTES
STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. What is grant funding/public subsidy for affordable housing? Although affordable housing grant has existed for decades, it is only since the 1980s and the introduction of the Housing Act 1988 (HA 1988), that a formal capital grant funding regime to help support the delivery of affordable housing gained real traction. Originally ringfenced to housing associations, grant funding in the form of ‘social housing assistance’ is now available to a wider class of recipient (see Who can apply for grant funding/public subsidy for affordable housing? below) and responsibility for the regime's operation is divided between the Homes and Communities Agency (trading as Homes England) and the Greater London Authority (the GLA). While other public bodies (including local authorities and combined authorities) may have grant-giving powers,
GLOSSARY
Affray is the use or threat of violence to another which would cause a normal person present at the scene to fear for his personal safety.