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GLOSSARY
A grantor is the party who transfers or creates a legal right or interest in favour of another person (the grantee). In practice, the term is most commonly used for the person who grants a security interest (such as a charge or mortgage), or who grants rights under a deed, lease, licence, servitude or easement.“Grantor” is largely a descriptive term used across property, security and commercial documentation rather than a concept with a single statutory definition, although specific legislation (for example, in secured transactions and land registration regimes) may define it for particular purposes.Across England and Wales, Scotland, Northern Ireland and Ireland, the core meaning is consistent: the grantor is the person from whose estate or rights the new interest is carved out or burden is imposed. In Scots law, the grantor will typically be the owner granting a real right (for example, a standard security or servitude) or a personal right in favour of another.Identifying the correct grantor is critical for ensuring that a transfer, charge or other grant is valid, enforceable and properly registered or recorded against the correct party.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived is not maintained. Brexit impact—public procurement The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline [Archived]. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement [Archived]. Status of grants in public procurement law Public Contracts Regulations 2015 The Public Contracts Directive, which sets out the European Union public procurement rules, is implemented in the UK (as regards England, Wales and Northern Ireland) by the Public Contracts Regulations 2015 (PCR 2015). PCR 2015 apply where one of the parties to any arrangement is a 'contracting authority' as defined at regulation 2(1). In addition, the arrangement must be within the scope of PCR 2015—that is, subject to exemptions (at regulations 7 to 12 of PCR 2015): • there is an arrangement which is a 'public services contract', 'public supply
GLOSSARY
A form of carbon used in nuclear fission reactors to slow down (moderate) neutrons. It is generally constructed in the form of blocks or sleeves.
NEWS
Ireland—Employment analysis: This article was written by A&L Goodbody’s Pensions Team. It examines the gender pension gap and the measures employers and trustees can take to address it. It considers the potential impact of Directive (EU) 2023/970 (the EU Pay Transparency Directive (PTD)) on pension transparency, the application of the Pensions Act 1990 (Ireland) (the Pensions Act) to equal pension treatment, the key factors contributing to the gender pension gap, and practical steps employers and trustees can take to improve pension outcomes while complying with existing legal requirements.
NEWS
Commercial analysis: The court was urged to grasp the nettle and give summary judgment to Virgin Telecom by ruling that EE’s substantial financial claim was excluded by a clause excluding liability for loss of anticipated profits. Written by Beverley Whittaker, consultant at Stevens & Bolton LLP.
GLOSSARY
The Scottish equivalent of transactions at an undervalue. The time period is longer, extending to five years in corporate transactions with associated companies, and defences differ.
PRACTICE NOTES
Background One of the fundamental principles of an effective insolvency process, is the ability of an insolvency practitioner (referred to in this Practice Note as an ‘IP’) to scrutinise the actions of the insolvent party (referred to in this Practice Note as a ‘Debtor’) in the run up to insolvency to establish if their antecedent dealings have unfairly prejudiced the legitimate claims of creditors. For example, a Debtor enduring financial hardship, may have sold certain assets at under value in order to quickly realise cash. However, in selling the assets (and effectively putting them out of the reach of the creditors) the Debtor may have undermined their creditors' ability to recover their debt and rendered any security they held over the assets (such as a floating charge), redundant. While the IP's attention will for the most part, be focussed on a snapshot of the Debtor's assets and liabilities at the time of their appointment with a view to distributing to creditors, the right to review and potentially recover
PRACTICE NOTES
A claimant may find themselves dependent on a friend or relative as a result of their injuries, particularly in the early stages of recovery. In these circumstances, a claim for the reasonable cost of care provided gratuitously (ie without charge) is recoverable. The identity of the carer In law, compensation for the time and effort involved in providing nursing or care services is held on trust by the claimant for the benefit of the carer. It follows that this head of damage cannot be recovered if the defendant provided the care. The reasoning for this is that the claimant cannot recover damages from the defendant only to hold them on trust for the same defendant. Instead, a claimant may receive care from a different family member or friend or pay for it commercially. Another consequence is that where the claimant is unable to repay the money (eg if the carer has died or the claimant is no longer in contact with them), the court is unlikely to make an award. What type of care
Q&As
The effect of section 64 of the Landlord and Tenant Act 1954 (LTA 1954) is that, where a LTA 1954, s 25 notice or LTA 1954, s 26 request has been served and an application made to the court, the tenancy will continue until three months after the application is 'finally disposed of' and any time for appealing has expired. Where an application is made to the court, CPR 7.5(1) requires the claim form to be served within four months. Where the claimant
GLOSSARY
Gray (Gy) is a unit of measurement for the absorbed dose. The absorbed dose was formerly measured in rads and 1 Gray = 100 rads. See Absorbed Dose. When it comes into contact with matter, radiation'>ionising radiation collides with the atoms comprising it. During these interactions, it releases a part or all of its energy. The absorbed dose (expressed in Gray) is defined by the ratio of this released energy over the mass of the matter. A Gray corresponds to one Joule of energy released in one kilogram of matter.
PRACTICE NOTES
What is a grazing agreement? A grazing agreement is an agreement under which a landowner allows a grazier to use the landowner’s land to graze animals belonging to or under the stewardship of the grazier. Such an agreement will often be granted for the summer season (April to October), but can be granted for any period and at any time of year. According to the circumstances (as discussed below) such an agreement may give rise to a licence or a tenancy. Status of grazing agreements under the Agricultural Holdings Act 1986 The Agricultural Holdings Act 1986 (AHA 1986) gives security of tenure and other valuable rights to any person who holds a ‘contract of tenancy’ in relation to ’agricultural land’. ‘Agricultural land’ means land used for ‘agriculture’, and the definition of ‘agriculture’ includes ‘grazing’ (see AHA 1986, ss 1, 96(1)). A ‘contract of tenancy’ means a ‘letting of land, or agreement for letting land for a term of years or from year to year...’. On the face of it, therefore, a short-term letting of land, or the grant of a
PRECEDENTS
Parties 1 [insert full name of party], residing at [insert address] (together with their successors as landlord under this Lease), are hereinafter together referred to as the Landlord; and 2 [insert full name of party], residing at [insert address] [and [insert full name of party], residing at [insert address]] (hereinafter [together] referred to as the Tenant). IT IS CONTRACTED and AGREED between the Parties as follows: 1 Definitions Act • means any act of the United Kingdom (UK) or Scottish Parliament and any delegated law made under it and any European Community legislation or decree having effect of law in the UK; Authority • means any statutory, public, local or other authority or any court of law or any government department or any of their duly authorised officers; Date of Entry • means [insert date of entry]; Ish • means [insert date of ish—no more than 364 days after date of entry]; Landlord's Neighbouring Property • means the neighbouring property retained by the Landlord shown [insert demarcation] on the attached Plan; Lease • means this lease, and any document supplemental to it; Plan • means the plan annexed and signed as relative hereto; Let Property • means the area of ground extending to [insert number] [hectares OR