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Q&As
Forfeiture of a lease has the effect of ending all continuing liabilities under the lease, although the parties remain liable for any breaches which occurred prior to the forfeiture. The tenancy and all interests derived from the tenancy end (sub-tenancies and mortgages). The landlord is immediately entitled to possession, subject to the tenant’s right to claim relief. See Practice Note: Forfeiture of a lease. If there is an electricity supply contract in place, that will govern the liabilities of the parties on
Q&As
As set out in Practice Note: Settling disputes—who, confidentiality and subject to contract, issues of confidentiality are key to consider throughout the settlement negotiation process. There are ways in which to seek to preserve confidentiality of a settlement agreement when agreeing to settle active litigation, by using a Tomlin order which comprises the public consent order and separate schedule (setting out the settlement terms agreed) for which confidentiality may be asserted. This can be a complex area (note,
PRECEDENTS
Article 18(1) of the UK Market Abuse Regulation (Assimilated Regulation (EU) 596/2014 (UK Market Abuse Regulation)) provides that an issuer or any person acting on an issuer’s behalf or account must draw up a list of all persons who have access to inside information and who are working for them under a contract of employment, or otherwise performing tasks through which they have access to inside information, eg advisers, accountants or credit rating agencies. The
Q&As
In residential property conveyancing, a completion statement is a document which is sent from the vendor to the buyer setting out how much money is required to be paid by the buyer in order to complete the sale. It is often the case that the contract for sale contains a clause like this: ‘The Seller agrees that his solicitor will hold a retention from the sale proceeds in the sum of £X pending production of the final accounts of Some
Q&As
Section 33 of the Family Law Act 1996 (FLA 1996) provides the court with the power to make an occupation order where the applicant has an estate or interest in property or has home rights. It is necessary to show that the applicant is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract, or by virtue of any enactment giving the right to remain in occupation; or
Q&As
Under Article 6(1) of the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, processing of data is only lawful in certain circumstances. These include where the data subject has given consent (Article 6(1)(a) of Regulation (EU) 2016/679, the GDPR), where it is necessary for the performance of a contract to which the data subject is party (Article 6(1)(b) of Regulation (EU) 2016/679, the GDPR) and where it
Q&As
If the shares under an EMI option are subject to any restrictions, the EMI legislation requires that the written EMI option agreement must contain details of these. The restrictions may be within the EMI scheme rules themselves or in any other contract or arrangement, such as the company's articles of association or a shareholders' agreement. Further details of what constitutes a 'restriction' for these purposes, see Q&A: What restrictions need to be described to EMI participants in relation to the shares under
Q&As
This Q&A raises the issue of which of two types of statutory protection will apply to residential leases. In a case not involving either a social or local authority landlord, it will either be a protected tenancy under the Rent Act 1977 (RA 1977) or an assured tenancy under the Housing Act 1988 (HA 1988). The first point to keep in mind is that a tenancy which is entered into before, or pursuant to a contract
Q&As
For information generally on the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (FTE Regs 2002), SI 2002/2034, see Practice Note: Fixed-term employees. Under FTE Regs 2002, SI 2002/2034, reg 3(1), a fixed-term employee has the right not to be treated by his employer less favourably than the employer treats a comparable permanent employee: • as regards the terms of his contract, or • by being subjected to any other detriment by any
Q&As
A well-drafted charge will be able to provide for a percentage uplift for the value of the property without any difficulty. The charge and the loan agreement (as it will always be sensible to reduce the loan agreement to a contract or deed—the benefit of the latter being that no consideration is required for the same to be enforceable) should provide for the appropriate uplift. Provision should also be made to deal with the situation
Q&As
There are no specific legal requirements in relation to execution by nominee shareholders. However, in the case of a corporate nominee, it should execute the agreement in accordance with the Companies Act 2006 requirements for execution of contracts by companies. For further details see Practice Note: Executing deeds and simple contracts and Precedent: Execution clause—company—contract In addition, the relationship between a nominee and the beneficial owner is often evidenced and governed by a declaration
Q&As
This Q&A assumes that Party A stored vehicles for Party B. A was paid no money for this, it was done as a favour. A bailment arises when a 'bailee' takes voluntarily possession of goods belonging to another, gaining possessory rights and related obligations in relation to the goods, but not gaining ownership of the goods (or an immediate reversionary interest in the goods). Bailments typically arise as a result of a contract