Loans to a company The first point to make is that the Companies Act 2006 (CA 2006) does not contain any provisions dealing directly with a director making a loan to the company of which he is a director. A director can make a loan to the company of which he is a director. When the director proposed making a loan to the company of which he is a director, the terms of the facility should have been tabled and approved at a board meeting of the directors. At that time the board would consider the terms of the loan and determine whether or not it was in the commercial interests of the company to enter into the arrangement, bearing in mind their general duties to the company, in particular CA 2006, s 172. If satisfied, the board could pass a resolution to approve the transaction

The rules governing service in family proceedings are contained in Part 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and the supporting practice directions, FPR 2010, PD 6A, FPR 2010, PD 6B and FPR 2010, PD 6C. The rules about the service of application forms/notices and other documents in family proceedings out of the jurisdiction of England and Wales, and the procedure for service, are contained in chapter 4 of the FPR 2010, SI 2010/2955, Pt 6 and FPR 2010, SI 2010/2955, 6.40–6.48. This is supplemented by FPR 2010, PD 6B. FPR 2010, SI 2010/2955, 6.41 provides that : ‘Any document to be served for the purposes of these rules may be served out of the jurisdiction without the permission of the court.’ Where service is being effected outside the EU reference should be made to the Hague Service Convention which is the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 to which India is

Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (SI 2010/2955, Pt 15) and the accompanying practice directions FPR 2010, PD 15A and FPR 2010, PD 15B. Considerations include that: • a protected person is a party or intended party who lacks capacity within the meaning of the Mental Capacity Act 2005 (MCA 2005) • MCA 2005, s 1(2) provides that: 'A person must be assumed to have capacity unless it is

When a company has been struck off it may be possible for an interested person to make an application to the court to restore it to the register. There are two ways in which a company can be restored to the register: • using the administrative restoration route in circumstances where a company has been struck off the register at the instigation of the Registrar of Companies pursuant to sections 1000 or 1001 of the Companies Act 2006 (CA 2006), or • by application to the court to restore a company to the register pursuant to CA 2006, s 1029 If the company in question was struck off at the instigation of the Registrar, the administrative restoration route is a simpler way to

The owner of private number plates has rights in both tangible and intangible property. The tangible property is the plate itself, whereas the intangible property consists of rights to use a specific combination of letters and numbers when registering

If a sub-tenancy is protected under Part II of the Landlord and Tenant Act 1954 (LTA 1954), the 'competent landlord' will need to serve a section 25 notice and establish one of the grounds set out in section 30(1) of the Landlord and Tenant Act 1954. This is on the assumption that the sub-tenant wishes to claim a new tenancy—if it does not then the sub-tenant can just vacate at the expiry of the fixed term. However, the sub-tenant might change their mind in that regard at any time before expiry of the fixed term and then remain in occupation, therefore delaying

The Rent Act 1977 (RA 1977) afforded significant rights to regulated tenants, including an extremely high level of security of tenure as well as the right to have a fair rent assessed by a Rent Officer. Such tenancies do not terminate following the ending or termination of the contractual tenancy, but continue as a statutory periodic tenancy. Since the implementation of the Housing Act 1988, the circumstances in which a regulated tenancy can be granted are extremely limited and only rise where a tenancy is granted to an existing regulated tenant. RA 1977, s 116 relates to the consent of the tenant

For the purpose of this Q&A we have assumed there is no dispute that there has been fraudulent misrepresentation on the basis of the facts given, however, it should be noted that to prove fraudulent misrepresentation the following elements would need to be proven (Eco 3 Capital Ltd and others v Ludsin Overseas Ltd) • the defendant makes a false representation to the claimant • the defendant knows that the representation is false, alternatively, they are reckless as to whether it is true or false • the defendant intends that the claimant should act in reliance on it • the claimant does act in reliance on the representation and, in consequence, suffers loss If it has been proven that there has been fraudulent misrepresentation on the facts, one

As is well-known, unlike some other Acts, the Housing Act 1988 (HA 1988) does not deal with the issue of service of statutory notices under the scheme laid down in HA 1988. Accordingly, the starting point for service of a notice under HA 1988, s 8 is that it must be done in accordance with the common law; personal service on the recipient is therefore the safest approach. For guidance on service at common law see Practice Note: Break clauses and notices—service, in particular, the section: Service—common law rules and Commentary: Service of notices to quit and other notices: Claims to the Possession of Land [B1.12]. Of course, the tenancy itself may contain a term which, as a matter of contractual agreement—permits the landlord to lawfully serve the section 8 notice in some

The effect of section 215 of the Housing Act 2004 (HA 2004) is that a landlord cannot validly serve a notice under section 21 of the Housing Act 1988, to seek possession of an assured shorthold tenancy, if a deposit was paid and:

Where a lease or agreement is one to which the termination provisions under the new Electronic Communications Code (the new Code) apply, a site provider may seek to bring the agreement to an end by serving notice on the operator, pursuant to paragraph 31 of the new Code. Termination of a code agreement The grounds on which a site operator can seek to terminate a code agreement pursuant to paragraph 31 are: • that the agreement should come to an end as a result of substantial breaches of the operator’s obligations under the agreement (para 31(a)) • that the agreement should come to an end as a result of the operator’s persistent delays in making payments due under the agreement (para 31(b)) • that the site provider intends to redevelop all or part of the land to which the agreement relates, or any neighbouring land, and could not reasonably do so unless the Code agreement comes to an end (para 31(c)).

If the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 apply to your firm, you must carry out screening of relevant employees where it is appropriate having regard to the size and nature of the firm's business. For guidance on whether the MLR 2017 apply to your organisation, see Practice Note: Money Laundering Regulations 2017—scope and application—law firms. What is appropriate? In determining what is appropriate with regard to the size and nature of the firm’s business, you must take into account the outcome of your firm-wide risk assessment, see Practice Note: How to identify and assess firm-wide risks under the Money Laundering Regulations 2017—law firms and Precedent: Money laundering, terrorist financing and proliferation financing firm-wide risk assessment—law firms. You may also take into account any guidance issued by: • the Financial Conduct Authority, or • any other supervisory authority or appropriate body and approved by HM Treasury—eg