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FLOWCHARTS
This Flowchart sets out the steps to be taken when a landlord wishes to alter the rent payable under an assured periodic tenancy in the private rented sector from 1 May 2026 onwards and the possible outcomes. Note 1 The landlord may only serve notice under section 13 of the Housing Act 1988 (HA 1988) once at least 52 weeks have passed since the first period of the tenancy began or since the date of any previous rent determination. Any notice served prior to this will be invalid. See
NEWS
Commercial analysis: This case is of interest to practitioners dealing with both pre- and post-departure alterations to holidays, particularly to cruise itineraries caused by weather and other circumstances beyond the control of the cruise provider and the impact of not providing information required under the Package Travel, Package Holidays and Package Tours Regulations 1992, SI 1992/3288 (PTR 1992).
GLOSSARY
An individual (whether another director or any other person) appointed by a director to exercise that director’s powers and carry out that director’s responsibilities in relation to the taking of decisions by the directors, in the absence of the alternate's appointor.
PRACTICE NOTES
This Practice Note considers the appointment and removal of alternate directors, their status, powers, duties and liabilities and authority to bind the company. The Companies Act 2006 (CA 2006) defines a director as including ‘any person occupying the position of director, by whatever name called’. Accordingly, the definition of ‘director’ in CA 2006 is wide enough to include an alternate director. Accordingly, the provisions relating to directors apply to alternate directors as well as to other (de jure or de facto) directors. Power to appoint an alternate There is no power in CA 2006 for a director to appoint an alternate, but such power is often included in a company’s articles of association. Where the articles do contain such power, they will also set out the procedure for appointing an alternate director. Typically, the articles will provide that a director appointing an alternate should do so in writing to the company and the notice of such appointment should contain a statement signed by the alternate that they are willing to act as alternate director. The model articles for public
PRACTICE NOTES
When disputes arise in property transactions, parties often have several options for resolution, each with advantages and disadvantages. This Practice Note looks at these options as well as giving examples of the kinds of property dispute which might lend itself to resolution through alternate dispute resolution (ADR) options. ADR in property disputes It is well-established that ADR can be an effective way to resolve disputes, particularly in property disputes and other commercial transactions. ADR is efficient, cost-effective, and capable of producing settlements that the courts may not be able to replicate. The solutions found through ADR can be more imaginative than judicial awards and can also be tailored to suit the commercial needs of parties. Presently ADR is not compulsory in Scotland, meaning it is not a necessary pre-requisite to legal proceedings, but practitioners do have obligations to advise on, and consider ADR. Obligations to advise on ADR Practitioners should be mindful of the Law Society of Scotland’s guidance for solicitors providing dispute resolution advice, which provides that: ‘Solicitors
PRACTICE NOTES
Note: This Practice Note is of largely historical interest. In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final Report, see Practice Note: Jackson final costs report [Archived]. While he did not recommend compulsory Alternative Dispute resolution (ADR), his report does have consequences for those engaged in litigation who should, at every stage, consider ADR. Need for and purpose of April 2013 reforms to ADR The terms of reference for Lord Justice Jackson’s review included a requirement to ‘establish the effect case management procedures have on costs and consider whether changes in process and/or procedure could bring about more proportionate costs’. Lord Justice Jackson has identified ADR as one of a number of areas in which the cost of litigation could potentially be significantly reduced. He has observed that ADR: • ‘has a vital role to play in reducing the costs of civil disputes, by fomenting the early settlement of cases’, but that it was • ‘under-used and its potential benefits are not as widely known as they should be’ Summary
GLOSSARY
Alternative Dispute Resolution is a process for resolving family law disputes, eg mediation, collaborative law or family arbitration.
GLOSSARY
The UK’s categorisation of sukuk for tax purposes pursuant to provisions known as the alternative finance arrangement rules. The alternative finance arrangement rules aim to provide a level playing field and equivalent economic treatment in UK direct tax terms between conventional finance and Shari’ah compliant financing arrangements.
GLOSSARY
means fuel or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the Environmental Performance of the transport sector and includes: (a) electricity; (b) hydrogen; (c) liquid or gaseous biofuels derived from biomass2; (d) synthetic and paraffinic fuels; (e) natural gas, including biomethane in gaseous form (compressed natural gas) and liquefied form (liquefied natural gas (LNG)), and (f) liquefied petroleum gas.
GLOSSARY
EU fund managers that manage alternative investment funds such as hedge funds and private equity, regardless of whether the funds are EU or non EU AIFs and managers that manage EU AIFs or market one or more AIFs in the Union regardless of whether such AIFs are EU AIFs or non-EU AIFs.
GLOSSARY
Directive 2011/61/EU (AIFMD) is an EU directive supplemented by the AIFMD Level 2 Delegated Regulation which applies to AIFMs managing AIFs or actively marketing AIFs in the EU. It has been implemented in the UK primarily through:the Alternative Investment Fund Managers Regulations 2013, SI 2013/1773, and the FCA Handbook, mainly the Investment Funds Sourcebook (FUND).
CHECKLISTS
ARCHIVED: This timeline is archived and is no longer maintained. For developments from January 2024 onwards, see EU AIFMD and UCITS—timeline. For further guidance on EU AIFMD, see Practice Note: EU AIFMD—essentials. For further guidance on the UK Alternative Investment Fund Managers (AIFM) regime, see Practice Note: UK regulation of alternative investment fund managers—essentials. Date Source Document Description 15 December 2023 European Commission Commission Delegated Regulation (EU) /... supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to regulatory technical standards specifying the information to be notified in relation to the cross-border activities of management companies and undertakings for collective investment in transferable securities (UCITS)Commission Implementing Regulation (EU) /... laying down implementing technical standards for the application of Directive 2009/65/EC of the European Parliament and of the Council with regard to the form and content of the information to be notified in respect of the cross-border activities of undertakings for collective investment in transferable securities (UCITS), UCITS management companies, the exchange of information between competent authorities on cross-border