This Q&A refers you to the following content to assist in your consideration of how to obtain disclosure of the deceased’s medical records in the circumstances of your case. • Practice Notes: • Probate actions—obtaining the deceased’s medical records • Probate actions—the role of personal representatives • Overview: Disclosure—overview • Q&As: • My client wishes to investigate bringing a disappointed beneficiary professional negligence

This Q&A looks at some of the legal issues and considerations raised when a shareholder with 70% of the shares in a private limited company (Mr X) would like to leave the company against the wishes of the other, 30%, shareholder (Mr Y), where both shareholders are also the only directors of the company and where the situation is not covered in the company’s articles of association or any shareholders’ agreement. We cover: • Mr X giving up office as a director, and • possible exit options available to Mr X, both under the Companies Act 2006 (CA 2006) and otherwise Resignation as a director Neither the CA 2006 nor the model articles contain any specific provisions about how a director may resign. Subject to any specific provisions in the company's articles of association or any contract of employment, it is usual practice for a director to resign by way of a resignation letter addressed to the other directors of the company. See further:

Practice Note: Probate actions—caveats explains that once a caveat has been entered pursuant to the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, it prevents a grant of representation being issued until the caveat has been removed by: • the non-appearance of the caveator to a warning (NCPR 1987, SI 1987/2024, r 44(12)) • the withdrawal of the caveat by a caveator who has not yet entered an appearance (NCPR 1987, SI 1987/2024,

Proving title to the HM Land Registry Where someone seeks to register their title in respect of an estate in land which has never previously been registered with HM Land Registry, there is a particular procedure to follow for an application for first registration. An application for first registration must be made to the HM Land Registry office in Coventry. The application must be made on form FR1 and must be accompanied by certain documents: • sufficient details so that the land in question can be clearly identified on an Ordinance Survey map • if the land in question is leasehold land, a copy of the lease • all deeds and documents relating to the applicant’s title • a list in duplicate in form DL of all of the documents which are delivered to HM Land Registry The third category of documents described above will normally include such items as: • documents

Conditions attached to a section 36 of the Electricity Act 1989 (EA 1989) (section 36 consent) can be varied under EA 1989, s 36C. EA 1989, s 36C itself is quite high level, stating that an application can be made by the party benefiting from the EA 1989, s 36 consent, with the ‘appropriate authority’ empowered to make amendments for ‘such variations to the consent as appear to the authority to be appropriate’ in light of the applicant’s amendment application. For Welsh offshore wind projects with a generation capacity of less than 350 megawatts, the appropriate authority will be the Welsh Ministers, and for larger projects it is the Secretary of State for Business, Energy and Industrial Strategy (BEIS). Most of the detail on the process and requirements for an amendment application is left to secondary legislation, which, for Welsh sub-350 megawatt schemes,

A joint consumer credit agreement creates joint and several liability for the debtors—see guidance Taking out a joint loan: what you need to know. See also Practice Note: Restrictions on varying or modifying consumer credit agreements, in particular part ‘Modifying agreements—are there any other points to note?’, under

Where property is jointly owned, the legal ownership (ie the names in which the property is registered) will be held by the joint owners as legal joint tenants, as trustees for the beneficial owners. The beneficial ownership of the property can either be held as beneficial joint tenants or as beneficial tenants in common. Where there is a joint tenancy, on the death of a joint owner their interest passes by survivorship outside of their Estate. Where a property is held on trust for beneficial tenants in common, the position on the death of one of the co-owners will

The Companies Act 2006 (CA 2006) sets out various restrictions and requirements in relation to payment for shares. Any company (whether public or private) that allots shares: • must not allot the shares at a discount, ie for less than their nominal value, and • may, if so authorised by its articles of association, provide for there to be differences between the shareholders as to the amounts to be paid up on allotment of the shares and the times that those outstanding payments will be required to be made In addition, under CA 2006, s 582, shares allotted by a company, and any premium on them, may be paid up in money or money’s worth (including goodwill and know-how). This effectively means that a company may accept payment for the shares allotted in cash or non-cash consideration. CA 2006, s 582 does not prevent a company from allotting bonus shares to its members or from paying up, with sums available for the purpose, any amounts for the time being

To reduce the risk of being taxed twice on the same income, an individual who is considered a tax resident in both the UK and another country can utilise the provisions of the applicable double taxation treaty (DTT). The UK has entered into numerous DTTs with other countries, which aim to eliminate or mitigate double taxation by either exempting income from tax in one of the countries or allowing foreign tax credits. However, where tax has been

Full guidance on the Companies Act 2006 provisions on a director's duty to avoid conflicts of interests can be found in Practice Note: Directors' duties—directors' interests: CA 2006, ss 175–177—Duty to avoid conflicts of interest. If the company is a private

Local government analysis: Success in the special educational needs and disabilities (SEND) system requires multiple organisations pulling in the same direction. But the ‘carrots’ and ‘sticks’ to make that happen aren’t yet in place, writes Amber Dellar.

Pursuant to section 413A of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), there is no charge to tax on certain legal costs paid by the employer on behalf of the employee. To be paid tax free, the following conditions must be fulfilled: • the payment must meet the whole or part of the legal costs incurred by the employee exclusively in connection with the termination, and