HM Land Registry (HMLR) Practice Guide 78 (PG 78) deals with the registration requirements for overseas companies. Paragraph 3.1 deals with the evidence required on registration of an overseas company as proprietor of an estate or charge. HMLR must be satisfied as to the company’s corporate status and its powers of holding and dealing with land in England and Wales before registering it as proprietor.The Land Registration Rules 2003, SI 2003/1417, r 183, requires the supply (unless there is an arrangement for the company with

This Practice Note summarises the legal framework which governs the provision of adult social care in Wales, in particular where it diverges from the English provision framework. The key legislation, regulations, and guidance covered in this Practice Note are: • the Social Services and Well-being (Wales) Act 2014 (SSW(W)A 2014) • the Care and Support (Assessment) (Wales) Regulations 2015, SI 2015/1305 • the Social Services Complaints Procedure (Wales) Regulations 2014, SI 2014/1794 • SSW(W)A 2014, Code of Practice Headline differences between adult social care in England and Wales Implemented on 6 April 2016, SSW(W)A 2014 introduced a wide range of reforms to local authority (LA) duties in Wales. Many of the provisions are similar in nature to the changes made in England under the Care Act 2014 (CA 2014). CA 2014 does not apply in Wales. For guidance on LA duties in England, see Practice Note: Local authority social care duties. The key differences between CA 2014 and SSW(W)A 2014 are as follows: • SSW(W)A 2014 has provisions dealing specifically

This Practice Note sets out the legal and regulatory regime governing mobile satellite services (MSS) in the EU. The main communications satellite services are: • MSS • fixed satellite service, and • broadcast satellite service In general, currently, at EU level, the legal and regulatory framework for each service is aligned in relation to obtaining access to spectrum (although the services may use different spectrum bands) and when seeking to obtain a launch and operations licence. This Practice Note focuses on the law and regulation of MSS at European level. For more information on the law and regulation of MSS in the UK, see Practice Note: An overview of the law and regulation of mobile satellite services—UK. What are mobile satellite services? Systems providing MSS use spectrum to provide high-speed communications between satellites and mobile Earth stations (including terminals on ships or cars), or handheld mobile terminals. Such services may include high-speed internet access to television and radio, public protection and disaster relief communications and telecommunications. MSS systems

This Practice Note sets out the legal and regulatory regime governing the provision of mobile satellite services (MSS) in the UK. The main communications satellite services are: • MSS • fixed satellite service, and • broadcast satellite service In general, at UK and international level, the legal and regulatory framework in relation to obtaining access to relevant spectrum for the provision of each service is similar, although the services may use different spectrum bands. In the UK, access to all satellite spectrum is obtained through Ofcom. Ofcom represents the UK Government in the International Telecommunication Union (ITU). Similarly, the process and procedures for obtaining a launch and/or operations licence from the UK Civil Aviation Authority will be the same for the satellites used for the provision of each satellite service. There may be differences in relation to the requirements to obtain the requisite terrestrial licences and certain aspects of the ITU filing procedures and requirements of the ITU Radio Regulations. An MSS system may also

We assume the owner of the dominant land is the freeholder owner and the tenant of the servient owner is not entitled to enlarge their tenancy into the freehold pursuant to section 153 of the Law of Property Act 1925. Where the servient land has been tenanted during the 20-year period of use, the dominant user cannot acquire a prescriptive right of way on the basis of the fee simple rule—see Wheaton v Maple & Co and Simmons v Dobson. This rule has been criticised by Lord Millett,

For restrictive covenants affecting registered land, a notice must be entered in the charges register of the burdened land. Notice of the covenants on the register takes effect as an incumbrance so that each subsequent registered proprietor of the land which is subject to the covenants, or of a derivative

It depends on the wording of the rent review provision. However, there have been a number of cases where the superior lease was surrendered but this did not prevent the rent review in the underlease still being capable of operation. For example, in Lorien Textiles (UK) Ltd v SI Pension Trustees Ltd, it was held that an

In order to request the grant of a renewal lease, the undertenant will need to meet the qualifying criteria’s set out in section 23 of the 1954 Landlord and Tenant Act 1954 (LTA 1954), namely the undertenant will be required to show: • that there is a tenancy • the tenancy relates to the premises • the premises are occupied for the purposes of a business • that business is carried on by the undertenant, and • the tenancy does not fall within any of the specific exclusions If the undertenant meets those qualifying criteria, it will be entitled to serve a notice pursuant to LTA 1954, s 26 requesting the grant

Commercial analysis: In Morris v Swanton Care & Community Ltd, the Court of Appeal upheld the decision of His Honour Judge Bird (the Judge), who had held that Mr Philip Morris (Mr Morris) did not have an enforceable right to provide consultancy services during a (further) period to be reasonably agreed between the parties. The relevant agreement was an agreement to agree and there was no objective standard by reference to which the court could determine the length of the further period. Written by Kristina Lukacova, barrister at New Square Chambers.

An unincorporated charity has no separate legal personality and therefore does not exist in the sense that it is not an entity that is able to enter into contracts or hold assets. As a result, the unincorporated charity holds assets and enters into legal arrangements through the auspices of its trustees. Section 117 of the Charities Act 2011 (CA 2011) defines ‘charity trustees’ as ‘the persons having the general control and management of the administration of the charity’. Charitable trustees should be registered with the Charities Commission but this is not always the case, particularly with smaller

An unincorporated charity has no separate legal personality and therefore does not exist in the sense that it is not an entity that is able to enter into contracts or hold assets. As a result, the unincorporated charity holds assets and enters into legal arrangements through the auspices of its trustees. Section 117 of the Charities Act 2011 (CA 2011) defines ‘charity trustees’ as ‘the persons having the general control and management of the administration of the charity’. Charitable trustees should be registered

To be effective in law, a lease must be assigned by deed and, if appropriate, registered at HM Land Registry in order to pass legal title. Where these formalities are not complied with, there is no assignment of the legal interest but, depending on the circumstances, an equitable assignment may occur. This will arise where there is an informal assignment, or a failure to register. The effect of such an assignment