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Q&As
Due to the impact of the coronavirus (COVID-19), legislation has been adopted to temporarily extend the filing deadlines in respect of a number of different entities. The Companies etc (Filing Requirements) (Temporary Modifications) Regulations 2020, SI 2020/645 (the Regulations), which came into force on 27 June 2020 and which were introduced in response to the COVID-19 pandemic, have among other matters temporarily extended the deadline for notifying changes in a limited partnership (LP) from seven to 42 days. The Regulations were issued pursuant to the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which came into force on 26 June 2020. As noted above, the modifications introduced by the Regulations are temporary
Q&As
We have been unable to find any judgments dealing specifically with the interpretation of the phrase ‘dated on and around’. The terms of a contract, including any reference to a commencement date or effective date will be interpreted in accordance with the usual rules of contract interpretation. The following five principles set out by Lord Hoffman in Investors Compensation Scheme v West Bromwich Building Society have become the leading statements on the interpretation of contracts: • it is an objective test as to what a reasonable person, having all the background
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This is an area in which developments tend to be by way of trends rather than progressive court authorities since Periodical Payment Order (PPO) cases rarely proceed to a contested trial. The current trend is distinctly away from the use of PPOs, the numbers falling dramatically since a peak in 2012. The main reasons for this are as follows: • the reduction in the discount rate from 2.5% to -0.75%. This has made lump sum settlements far more favourable for claimants. For example, for a 20-year old catastrophically injured claimant requiring a care regime costing £100,000 a year, the lump sum award would be around £3.2 million at a 2.5% discount rate. The award rises to almost £9 million at a -0.75% discount rate. The increase in lump sum awards clearly makes that option far more attractive and provides ample funds for investment, securing a rate that is better than -0.75% in real
Q&As
Section 1(2A) of the Children Act 1989 (ChA 1989) is a relatively new provision within ChA 1989, s 1, having been inserted on 22 October 2014 by section 11(2) of the Children and Families Act 2014. Since that date there have been a number of reported decisions where ChA 1989, s 1(2A) has been touched on, but none of them concerns a step-parent. ChA 1989, s 1(2A) provides as follows: ‘A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.’ This section provides the presumption that unless the contrary is shown, involvement of a parent in the life of a child will further the child's welfare. This presumption is subject to the requirement that
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The main issue that arises with subscription services is having a fair termination right. This means that the consumer should have the right to cancel at any time, or understand that they can not terminate at any time and what the restrictions on their rights of termination are. Terms need to clearly state what the term
Q&As
Trends in public M&A The Market Tracker Trend Report provides in-depth analysis of the 90 firm and possible offers announcements made for companies subject to the Takeover Code in 2017. It includes insight into public M&A trends and what we might expect to see in 2018 and beyond. The report contains expert commentary from Selina Sagayam, Head of UK Transactional Practice Development at Gibson Dunn and Adam Cain, Senior Associate at Pinsent Masons. Topics covered include transaction structure, deal value and volume, public-to-private transactions, forms of consideration
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The Public Libraries and Museum Act 1964, section 7(1) states: 'it shall be the duty of every library authority to provide a comprehensive and efficient library service for all persons desiring to make use thereof…: Provided that although a library authority shall have power to make facilities for the borrowing of books and other materials available to any persons it shall not by virtue of this subsection be under a duty to make such facilities available to persons other than those whose residence or place of work is within the library area of the authority or who are undergoing full-time education within that area'. Further, s 7(2) indicates some key elements of the duty to provide a comprehensive and efficient library service: 'In fulfilling its duty under the preceding subsection, a library authority shall in particular have regard to the desirability— (a) of securing, by the keeping of adequate stocks, by arrangements with other library
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One of the key requirements for a valid Will is that the testator knew and approved the contents of the Will (see Practice Notes: Requirements for a valid Will and Probate actions—want of knowledge and approval). In circumstances where Will instructions are being taken in English for an English Will, and the testator does not have a good command of the language, it will be necessary for the solicitor to take steps to ensure that they understand the testator’s instructions and that the testator
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Any employee wishing to bring a claim against the company in the employment tribunal will be subject to the moratorium against claims while the administrator is in office and must apply to the court to have this lifted if they intend to do so. The purpose behind the moratorium is to give the company or
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The statutory legacy forms part of the intestacy rules, which are set out in section 46 of the Administration of Estates Act 1925 (as amended). Since 1922, there have been a number
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We are constantly reviewing and adding to our content as a result of market practice and customer feedback. We do not have any content on the impact of Brexit specific to benchmarks in our PSL Financial Services module, however, content of this nature will be considered on our roadmap of planned additions to Lexis® PSL Financial Services. However in the meantime we refer you to the ESMA discussion paper on benchmarks regulation published February 2016 which provided advice on how non-EU benchmark administrators
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This Q&A covers the position where the sale of the property would be non-contentious. When applying for an order from the Court of Protection to appoint a deputy, the applicant is required to complete a COP1 form. Pursuant to rule 63 and rule 64 of the Court of Protection Rules 2007 (COPR 2007),SI 2007/1744 (COPR 2007, SI 2007/1744, rr 63–64, an applicant is required to state on the COP1 form what orders the applicant is seeking together with other relevant information and documentary evidence. Where an applicant seeks to also obtain an order for the sale of a property, this can be included in the same COP1 form as the initial form used to appoint a deputy. An applicant is not required to use separate forms for each order sought. If an applicant fails to include an application for an order