The Limited Liability Partnerships Regulations 2001 (LLPR 2001), SI 2001/1090 set out default provisions that will apply to the operation of a limited liability partnership (LLP) in the absence of any specific agreement to the contrary, ie provisions that may be included in an LLP agreement relating to the relevant LLP. These default provisions state that a member of an LLP cannot be expelled by any majority of the members of the LLP, unless a power to do so has been conferred by express agreement between the members (LLPR 2001, SI 2001/1090, reg 8). It is therefore customary

The commentary (which generally assumes there are only two parties to a contract) generally draws a distinction between variation (in summary, where the terms of a contract are altered) and a contract for termination (or rescission) (where the contract is terminated). The consequences of a termination by agreement depend on the intention of the parties. For further information see: Termination, rescission and variation: Common Law Series: The Law of Contract [7.4] and Discharge by subsequent agreement: Halsbury's Laws of England [367]. For further information see: Variation: Halsbury's Laws of England [373] and Termination by agreement—Express

For information on applying to set aside a summary judgment or strike out order. A party can also appeal against any order made by the court regarding summary judgment or strike out. For further information on appeals, see: Civil appeals: general and preliminary considerations—overview. For information on setting aside or appealing judgments generally, also see Practice Note: Judgments and orders—service,

As set out in Q&A: What would the statutory position be if the postal system is not available due to coronavirus (COVID-19) and the parties have to serve a statutory notice (absent any emergency legislation which may be introduced to deal with this issue)?, the first step will be to carefully assess both the instrument (for example a contract, deed or lease) under which the notice is to be served, and the statutory regime which applies to the notice. Separate statutes may govern the circumstances in which the notice can or must be served on one hand, and the way in which service can take place on the other. For example, the termination of protected business tenancies is governed by the Landlord and Tenant Act 1954 (LTA 1954), which incorporates the service regime set out in section 23 of the Landlord and Tenant Act 1927 (LTA 1927). Contractual terms as to service Some leases will include deemed service provisions

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. Is it possible to serve the statutory demand on the deputy or attorney instead? The impact that a debtor's mental disability may have on how a statutory demand is served on him will depend on both the nature of the mental disability and the qualifications of the person serving the statutory demand. The case of Brister v The Official Reciever concerned a debtor suffering from dementia; the court was asked to annul a bankruptcy order on the basis that it would not have been made had the court known of the mental and physical condition of the debtor. For further information, see New Analysis: The need for care when dealing with vulnerable persons in bankruptcy. Mental disability includes everything from someone with bipolar disorder who is taking

At present, no measures have been enacted specifically to deal with swearing affidavits in circumstances where the deponent and the officer administering the oath are required to avoid unnecessary social contact. However, the Law Society will be providing guidance on this issue imminently. Since publication of this Q&A, the Law Society has published: Our position on the use of virtual execution and e-signature during the coronavirus (COVID-19) pandemic. Thought should be given, in the first instance, to whether a sworn affidavit is strictly necessary. The court has a general power to control evidence and could exceptionally dispense with an affidavit (where it might otherwise be required) in favour of a witness statement: CPR 32.1(1)(b) and (c). A party could also apply for permission to rely on a ‘defective’ affidavit: CPR PD 32, para 25. Depending

A deed poll is a deed made by and expressing the active intention of one party only, or made by two or more persons joining together in expressing a common active intention of them all. Settlements can be created by deed poll. However, it is more common for them to be created by a deed to which

This Q&A assumes that an oral periodic Landlord and Tenant Act 1954 (LTA 1954) protected tenancy has arisen, and that protected periodic tenancy now needs to be terminated. In that regard, you will need to terminate both the: • periodic tenancy • LTA 1954 Act statutory tenancy This can be done by either: • serving one notice to quit terminating the periodic tenancy (see Encyclopaedia of Forms and Precedents, Volume 22(3)B, Form 238 in that regard)—however, please note that this will need to be amended in order to deal with termination of a periodic oral tenancy rather

A registered rentcharge is a registered estate by virtue of section 132(1) of the Land Registration Act 2002. Therefore, a rentcharge must be transferred using the appropriate prescribed form—this will usually be Land Registry prescribed Form TR1. Transfer of a registered rentcharge:

Client due diligence (CDD) requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Where the MLR 2017 apply, conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach. Certain components of CDD however, allow for flexibility and positively require risk assessment. You should determine the risk posed by a client or category of clients as part of your CDD measures and your anti-money laundering (AML) and counter-terrorist financing (CTF) systems and controls generally. The table in section CDD measures below sets out suggested CDD measures for overseas individuals. You will see it suggests that for an overseas individual you apply regular due diligence, unless you have identified circumstances in your risk assessment of the client that mean enhanced due diligence (EDD) applies. It is essential that you consider the risk here. High-risk third countries You

In answering this Q&A we have limited our research to cover the values at which appropriation has taken place. We have not commented on whether the PRs have complied with the power to appropriate or the source of their power of appropriation (eg common law or statutory or express power). We assume that the power to appropriate being invoked in this case is a statutory one and that there is no express power to appropriate included in the Will which gives particular directions as to valuation (as would, for example, Special Provision 22 of the 2nd Edition of the STEP Standard Provisions). General principles of valuation It is the case that an asset is appropriated at its value at the time of the appropriation, not at the date of death.

The ‘without prejudice’ rule generally prevents statements made in a genuine attempt to settle an existing dispute from being put before the court; for example, as evidence of admissions by one party in respect of a claim being made against them. Statements can be made in writing or orally. Moreover, there is no requirement for statements to be made by a lawyer as opposed to a lay client. Underpinning the ‘without prejudice’ rule is the public policy of encouraging parties (or potential parties) to litigation to settle their disputes out of court, with the rationale being that settlement is facilitated if parties