Once registered, a co-operative or community benefit society (a registered society) is a body corporate with limited liability and its own legal personality. It is owned by its members who hold shares in the society. It may sue and be sued in its registered name, and it has power to hold land and invest funds (subject to the terms of its registered rules). A registered society is similar in a number of ways to a company limited by shares, but it is not registered via Companies House and the Companies Act 2006 (CA 2006) does not apply. The Financial Conduct Authority (FCA) is the registering authority for societies registered under the Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014). The FCA has powers to investigate and inspect societies, as well as to suspend or

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Consequences of breaching section 216 of the Insolvency Act 1986 A person breaching section 216 of the Insolvency Act 1986 (IA 1986) is committing a criminal offence and is also open to civil sanctions. Criminal sanctions Breaching IA 1986, s 216 is a strict liability offence which may lead to a fine or imprisonment or both—see IA 1986, s 430 and Sch 10. No knowledge or intention to deceive or defraud is needed due to the strict liability nature of this offence. Civil sanctions A breach of IA 1986, s 216 can lead to the person in breach having personal liability for the relevant debts of the new company under IA 1986, s 217. IA

The statutory entitlement to holiday under the Working Time Regulations 1998, SI 1998/1833 (WTR 1998) is to a total of 5.6 weeks' annual leave each 'leave year', made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only When it comes to statutory holiday entitlement during the first leave year, where a worker is (as will often be the case) first employed after the start of their leave year, they will be entitled

Practice Note: Stamp duty on transfers—consideration and calculation deals specifically with stamp duty on the transfer of stock, in particular, the section called: Stamp duty on transfers—consideration and calculation—Cash as consideration. As noted in that Practice Note, where the consideration is an amount in a foreign currency, stamp duty is chargeable

Where a transaction is notifiable, a stamp duty land tax return must be delivered before the end of the period of 30 days (or 14 days from 1 March 2019) after the effective date of the transaction:

As explained in Practice Note: SDLT chargeable consideration—leases, the stamp duty land tax (SDLT) on rent for a lease is calculated by reference to a formula based on the net present value of the rent paid over the term of the lease. Practice Notes: SDLT—general reliefs and exemptions and SDLT—holding over explain that overlap relief is available to prevent a double charge to SDLT where one lease is replaced with another (over substantially the same premises) and the periods of the leases overlap. In these circumstances, for the purposes of calculating the SDLT payable on the new lease, the rent payable under the new lease in the overlap period is reduced by the amount of rent that would have been payable (and has been taken into account for SDLT purposes) in that period under the old lease. The overlap period is the period between the date of grant of the new lease

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which there is no need for a statement of value—is probably only appropriate where there is unlikely to be a substantial dispute of fact: CPR 8.1(2)(a)), the operative rule is in CPR 16.3. This applies to ‘a claim for money’. The first question therefore is: is a TOLATA 1996 claim a ‘claim for money’? It depends on the remedies which are being sought in the claim. If the claim is merely protective, eg where there is only a declaration and/or entry of a restriction on the title of the relevant land, there will be no ‘claim for money’. Accordingly, the claim form may legitimately

All the offences created by the Education Act 1996 (EA 1996) are summary only, which means they can only be tried in the Magistrates' Court. A Magistrates' Court may not try a defendant for a summary offence unless the information was laid within six months from the date of the commission of the offence: Magistrates' Court Act 1980 (MCA 1980), s 127(1). For a continuing offence the limitation period is counted not from the first discovery but from the date of each day charged, as if a separate offence: see Stone's Justices' Manual 2015, 1.119, in particular the cases referred to in footnote 12. A continuing offence is an act or omission occurring continuously or intermittently, over a period of time: See

The statutory right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 is to a total of 5.6 weeks' annual leave each 'leave year', made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only For further information, see our Practice Note: Holiday — Statutory holiday entitlement. Under the WTR 1998, SI 1998/1833, a worker is entitled to be paid at the rate of a 'week's pay' for each week of holiday. Calculation of a week’s pay will vary depending on whether the worker in question has normal working hours or no normal working hours. For

For information: • on time limits for the presentation of claims in the employment tribunal generally, see Practice Note: Time limits for presenting employment tribunal claims • on the time limit for presenting a claim of unfair dismissal, see Practice Note: Unfair dismissal time limit Subject to the possibility of extension, discussed below, a claim for unfair dismissal must be submitted to the employment tribunal within the three months that begins with the 'effective date of termination'. For guidance on how to determine the 'effective date of termination', see Practice Note: effective date of termination. The three-month period is calculated on the basis that the date of the 'effective

The owner of a building may acquire a prescriptive right to light across adjacent land if light is enjoyed for 20 years without interruption of a year or more. A light obstruction notice (LON) is a notional interference with a right of light claimed by another landowner without the necessity of physically obstructing the light. Under section 2(1) of the Rights of Light Act 1959 (RLA 1959), the owner of adjacent land, ie the developer, may prevent rights being acquired by applying to the local authority or HM Land Registry for the registration of a LON, which will take effect as a local land charge. As soon as the LON is registered, it immediately acts as a notional obstruction of the enjoyment of light, as though the developer has erected a building/obstruction already. The LON therefore creates an invisible wall to virtually interrupt the length

Court’s case management powers The court's aim is to ensure that cases are dealt with justly and at proportionate cost—in other words, in accordance with the overriding objective. It has wide powers to manage the case so as to effect furtherance of that objective. The court has a wide range of case management powers under CPR 3.1(2) which can be exercised unless the CPR provides otherwise. The powers can be exercised on the court's own initiative or following an application by one of the parties (CPR 3.3(1)) and CPR 23 sets out the procedure for making an application. Those powers include adjourning hearings under CPR 3.1(2)(b)—see Practice Note: Case management of civil claims under the CPR. In Albon (trading as NA Carriage Co) v Naza Motor Trading SDN BHD it was confirmed that: • the power is an exercise of the court's discretion • discretion must be exercised in accordance with the overriding objective • all relevant factors