It is assumed that the co-owners are not married or in a civil partnership. As well as establishing that when parties sever a beneficial joint tenancy, a tenancy in common in equal shares arises, the case of Goodman v Gallant provides that a deed of trust is conclusive as the beneficial ownership of a property. It is therefore the starting point in disputes over the ownership of joint property, and where there is a declaration of trust, it is likely (absent mistake, undue influence, duress or fraud) that the shares set out therein will be treated as determinative. However there are some circumstances which will mean that the declaration of trust, whilst still the

Goods denote personal chattel and other property which may be detached from land.

ARCHIVED: On 14 May 2018, HM Treasury (HMT) published its findings after considering the responses it received to its consultation dated 22 September 2017 on the proposal to reform the Bills of Sale Acts. HMT announced, given the concerns that were raised in the consultation, the small and reducing market and wider work on high-cost credit, the government is not intending to introduce new legislation at this point in time. For more information, see News: Goods Mortgages Bill: HM Treasury’s response to consultation—LNB News 14/05/2018 28. As such, this Practice Note currently remains for background purposes only. On 23 November 2017, the Law Commission published its report on the Goods Mortgages Bill. The report contains the final version of the Bill and outlines the Law Commission’s recommendations in relation to it. Jacqueline Cook, member of the Lexis®PSL Banking & Finance consulting editorial board and senior professional support lawyer, in the finance practice of Stephenson Harwood LLP, London, provides an overview of some of the key provisions that

What is an operator's licence? An operator's licence is a legal authority to operate a certain category of vehicle within the UK. Operator licensing applies to heavy goods vehicles (HGVs), light goods vehicles (LGVs) and to passenger service vehicles (PSVs), ie buses, coaches and limousines. This Practice Note focuses on the regulation of HGVs and LGVs, albeit there are many cross-overs with PSVs in terms of the licensing regime and general enforcement. In England, Wales and Scotland, operator licences are issued by Traffic Commissioners. Traffic Commissioners are responsible for the licensing and regulation of those who operate HGVs, LGVs and PSVs as well as the registration of local bus services. They are assisted by deputy Traffic Commissioners. Traffic Commissioners are statutorily independent licensing authorities and they can also take action against the vocational entitlement of bus, coach and lorry drivers who commit road and certain other offences. The Traffic Commissioners do not have jurisdiction over grandfather or acquired rights driving licence holders (ie those that passed the practical driving test before

In England, Wales and Scotland, operator licences are issued by Traffic Commissioners. Traffic Commissioners are responsible for the licensing and regulation of those who operate heavy goods vehicles, light goods vehicles (LGVs) and passenger service vehicles as well as the registration of local bus services. An overview of the operator licensing system generally can be found in Practice Note: Goods vehicle licensing. The licensing of LGVs came into force on 21 May 2022 and applies to vehicles and combinations of vehicles and trailers weighing more than 2.5 tonnes but not more that 3.5 tonnes and being used on international journeys for hire and reward. See Practice Note: Goods vehicle licensing. The enforcement of the standards and requirements set down in an operator's licence and under road transport law is the responsibility of the Driver and Vehicle Standards Agency (DVSA) and the police. The DVSA and the police have the power to stop vehicles and carry roadside checks on commercial vehicles and they have a number

This Practice Note considers statutory laws in relation to the delivery and acceptance of goods in sale of goods contracts in a business-to-business context. It highlights the relevant provisions of the Sale of Goods Act 1979 (SGA 1979) and discusses common issues in sale of goods contracts such as when and where deliveries must take place, what happens if goods are damaged in transit, and how buyers are deemed to have accepted goods following delivery. For more information on the sale and supply of goods contracts generally, see Practice Note: Contracts for the sale and supply of goods—business to business. For example sale of goods agreements, including bespoke provisions relating to delivery, inspection and acceptance, see Precedents: Supply of goods agreement—pro-supplier, Supply of goods agreement—pro-customer and Supply of goods agreement—short form together with their associated drafting notes. See also Supply of goods agreement playbook—pro-supplier for guidance on drafting and negotiating an agreement for the supply of goods, including provisions relating to delivery, from a pro-supplier perspective. For a checklist when drafting and negotiating terms of delivery, see: Drafting

This Practice Note considers the point at which property, title and risk pass from a seller to a buyer in a business to business (B2B) sale of goods transaction depending upon the nature of the goods, the intention of the parties, the terms of the contract to which the sale is subject, and the provisions of the Sale of Goods Act 1979 (SGA 1979). In a sale of goods contract it is the duty of the buyer to accept and pay for goods in exchange for the seller delivering the goods to the buyer, in accordance with the terms of the contract of sale. A sale of goods from a seller to a buyer will involve the passage of property, title and risk. The point at which that occurs depends on the nature of the goods, the intention of the parties, the terms of the contract to which the sale is subject, and the provisions of the SGA 1979. Are property and title the same? There is an apparent distinction in SGA 1979, Part III between property

The value attributed to the fact that the company is continuing to write profitable new business. It is often calculated as a multiple of the value of new business written in the most recent financial year.

The brand image associated with a product or service that requires protection from imitation or confusing advertising from other similar products or services.

means the identifiable and well-established reputation and profile in its market(s) of a trading entity,[ including the benefit and advantage of the good name, reputation, and connection of the trading entity,] (whether or not connected with or reliant on the Trade Marks it uses) which is sufficiently significant to be included as an asset on its balance sheet and to be valued as part of its overall valuation in the context of a sale, investment, merger or securitisation.

Goodwill—what do I need to know about existence and ownership? Goodwill is a broad concept which can be defined as the benefit and advantage of the good name, reputation and connection of a business (IRC v Muller & Co Margarine [1901] AC 217). Goodwill belongs to a business and may arise in connection with its goods, services, marks, slogans, logo, get-up, packaging, shapes and any other indication of origin. The existence of goodwill is not assumed but must be proven (Reckitt & Colman Products v Borden). A

CASE HUB (NOTE—appeal lodged before the General Court in Case T- 604/18) ARCHIVED–this archived case hub reflects the position at the date of the decision of 18 July 2018; it is no longer maintained. See further timeline, commentary, and related cases. Case facts Outline European Commission Article 102 TFEU investigation into Google LLC (Google) based on exclusivity agreements around the Android operating system (Case AT.40099). Latest development On 18 July 2018, the European Commission has issued its final decision in its investigation against Google for abusing its dominant position based on exclusivity agreements around the Android operating system. In doing so, the Commission imposes a fine of €4.34bn on Google and its parent company Alphabet Inc. (Alphabet). Google announced immediately that it is intending to appeal the decision. Parties Google and Alphabet. In addition to its search engine, Google owns the technology behind the Android smartphone operating platform and licences it to mobile telephone manufacturers. In 2005, Google bought the original developer of the Android mobile operating system and has continued to develop Android ever since. Today,