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The definitive map is a legal record of public rights of way maintained by the highway authority. Together with the definitive statement, it provides conclusive evidence of the existence of each public right of way shown. There are several powers which can be used to change the definitive map and statement: Wildlife and Countryside Act 1981 Under the Wildlife and Countryside Act 1981, s 53 (WCA 1981) landowners can apply to remove, add or change a route on the definitive map, by making a definitive map modification order (DMMO) application to correct it. WCA 1981, Sch 14 sets out the DMMO application requirements.
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This answer is drafted on the assumption that a surrender of the lease has occurred. A surrender of a lease may be implied, or it may occur by operation of law. This situation arises whenever the landlord and the tenant act in a manner which is inconsistent with the continued existence of the lease. Examples of such surrenders include: • the landlord granting a new lease of the same premises to the existing tenant • the tenant giving up possession of the premises (eg by returning the keys to the landlord and vacating) and the landlord either going back into possession of the premises or granting a new lease to a new tenant with the original tenant’s actual or presumed consent • the landlord and the tenant agreeing to extend the term
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It is common to include provisions restricting the ability of the shareholders to transfer shares in a private company in the company’s articles of association and/or shareholders’ agreement. Shareholders’ agreements and articles of association Shareholders in a private company limited by shares will often wish to control who becomes a fellow shareholder in the company, and therefore it is common for the company’s articles of association and/or shareholders’ agreement to contain provisions restricting the transfer of shares. Whereas restrictions contained in a company’s articles of association will automatically bind any new shareholder (in accordance with section 33 of the Companies Act 2006 (CA 2006)), restrictions set out in the shareholders’ agreement will bind only those shareholders who have agreed to become party to it. Such agreement is usually obtained by the new shareholder signing a deed of adherence to the shareholders’ agreement. For a sample clause requiring the execution of
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Aside from the specific statutory provisions regarding the responsibility and accountability of a particular statutory body and its susceptibility to legal challenge, it may be helpful to consider whether it is treated, in law, as a public authority. Our Lexis+® UK® Public Law Practice Note: What is a public authority? outlines the case law and statutory definitions of public authority in the context of common law judicial review human rights, freedom of information or environmental information regulations and miscellaneous statutory definitions. Depending on the precise context, the principles governing judicial review may assist for example. Judicial review is the primary judicial procedure by
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The BCP is an important part of the overall risk management framework for any firm. It helps ensure the business is able to survive a critical event and the firm is able to meet its obligations to clients, regulators and other stakeholders. You should test the BCP to ensure it is effective, ie verify that it would be effective in the event of a business interruption. Testing methods Testing is best done by testing parts of the plan rather than the entire plan (it's not a good idea to simulate
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What is keyword advertising? Keyword advertising is a service offered by search engines whereby an advertiser can pay for a link to its website to appear when a certain search term is entered. These links will appear in the 'sponsored links' section of the search results as opposed to the natural search results that normally follow underneath. For example, a central London restaurant might pay to have its website appear when a user enters search terms such as 'Covent Garden restaurant' or 'eating West End'. Google AdWords is the largest keyword advertising system whereby advertisers bid on search terms and the highest bidder receives the top ranking. Why use keyword advertising? Keyword advertising can be effective. Research has shown that most users do not trawl through pages of links but are more likely to select from the first few websites links. However, keyword advertising can be ineffective if advertisers do not select appropriate keywords. For example, if a high street fashion store uses a keyword 'designer handbags' this is misleading
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After the transition period: if no deal covering insolvency The Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 (Brexit SI 2019/146) were made on 30 January 2019 under section 8 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) to amend various legislation including Regulation (EU) 2015/848 (OJ L141/19), the EU Recast Regulation on Insolvency (ie retained direct EU legislation) (see Practice Note: Brexit—impact on Recast Regulation on Insolvency) and were originally due to commence on exit day. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11 pm) (unless that provision is expressly disapplied by the SI in question), meaning
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Resources they have created Copyright recognises the intellectual creation of an author when a work is created. There is no official system of registration of copyright in the UK. The right arises automatically once the copyright work is recorded, subject to other qualifications being fulfilled. Copyright subsists in the following descriptions of work: • original literary, dramatic, musical or artistic works • sound recordings, films or broadcasts • typographical arrangements of published editions ‘Original’ in the case of literary, dramatic musical or artistic works means that a literary, dramatic musical or artistic work must have originated from the author and there must have been more than a trivial level of effort expended creating it. References to the ‘originality’ of the
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A charitable company will typically base its constitution or governing document on the articles of association for a company limited by guarantee (see Precedent: Model articles—private company limited by guarantee—companies incorporated on or after 28 April 2013). For an alternative set of articles published by the Charity Commission (the Commission) see Articles of association for a charitable company not having a share capital on the Commission website (where a variety of further governing documents, depending on the exact structure required, may also be accessed). For further information on different charitable structures and links to all relevant external sources, see our Practice Note: Charities—governing documents and for information
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CPR 38.2(3) provides that where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants. In this situation, permission of the court is not required, except as where set
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Cohabitees For partners who live together but are not married or in a civil partnership, what beneficial interest (if any) that each party has fallen to be determined on the basis of trusts and real property law. Common intention constructive trust Where B did not contribute to the purchase price of the property, and where there is no express trust providing that B owns a particular share of the beneficial interest in the property, B can prove that they have a beneficial interest in the property by establishing the existence of a ‘common intention constructive trust’. A common intention constructive trust exists where the following conditions are all satisfied: • A and B have a common intention that B should have a beneficial interest in the property • B has acted in reliance on that common intention, and • B has suffered detriment by acting in reliance on that intention See
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A company amends its articles of association by special resolution in accordance with the Companies Act 2006 (CA 2006), assuming there are no provisions for entrenchment contained in the articles and that no class rights are being varied. For information on how to amend a company’s articles where there are provisions for entrenchment, see Practice Note: Articles of association—provisions for entrenchment. For information on class rights and how they may be varied, see Practice Note: Class rights and variation of class rights. The special resolution that amended the articles should be filed at Companies House, alongside a copy of the amended articles, within 15 days of the amendment of the articles taking effect. A failure to file the resolution and the amended articles is an offence committed by the company and every officer of it who is in default. A person guilty of such an offence is liable to a fine and, for continued contravention, a daily default