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PRACTICE NOTES
This Practice Note provides a ‘How to’ guide on how to acquire parental responsibility. It considers the definition of parental responsibility in the Children Act 1989 (ChA 1989), how parental responsibility can be acquired at birth and also by an unmarried father, step-parent, female parent or others. The procedure for parental responsibility applications and non-court dispute resolution requirements are considered. The duration of parental responsibility is also set out. This Practice Note assumes a basic understanding of the background to, and the mechanics of, private children proceedings. It should be read in conjunction with the following Practice Notes: • The meaning and scope of parental responsibility • Acquisition of parental responsibility by unmarried fathers • The effect of an unmarried father acquiring parental responsibility • Acquisition of parental responsibility by female parents, and • Acquisition of parental responsibility by step-parents and others See also: Parental responsibility—client guide and Procedural guide—parental responsibility. What is parental responsibility? Parental responsibility is defined in ChA 1989 as all the rights, duties, powers and responsibilities and authority that, by
PRACTICE NOTES
This Practice Note is a ‘how to’ guide which explains when a new cause of action or party may be added to a claim after the expiry of the relevant limitation period. Once the limitation period for a cause of action has expired, the claim in respect of that cause of action is said to be time-barred. If proceedings are later started, the defendant may plead a limitation defence and could prevent the claimant from obtaining a remedy to which they might otherwise have been entitled. But what if a claim has been issued in time and the claimant later realises that a further cause of action could be pleaded or an additional party added? If, by that point, the relevant limitation period has expired, will the court permit the amendment? This Practice Note provides guidance on the core principles, explains how applications seeking permission to amend in such circumstances are likely to be approached by the courts as well as how to identify
PRACTICE NOTES
This short guide provides practical information on how to add, remove or alter the objects of a company. For a comprehensive review of the issues and procedures generally relating to the amendment of the articles of association of a company, see Practice Notes: A company’s constitution and Amending the articles of association. Objects of companies incorporated before 1 October 2009 Under previous companies legislation, a company was required to state its objectives in its memorandum of association. These stated objectives, known as the objects clause, restricted the company’s purpose, the types of business it could conduct and the contracts it was legally permitted to enter into. Since 1 October 2009, when the Companies Act 2006 (CA 2006) became effective, almost all of the provisions in the memorandum of association of a company incorporated before this date have been treated as provisions in its articles of association (including the objects clause in the memorandum of association). This means that these companies will have restricted objects, by virtue of the objects clause forming
PRACTICE NOTES
The members of a private company can pass resolutions at general meetings of the company or by way of written resolution. The members of a public company can pass resolutions at general meetings of the company only. There are two forms of general meetings under the Companies Act 2006 (CA 2006): general meetings and annual general meetings (AGMs). A general meeting of the members of a company can be called and held at any point, and any number of times, in a year so that the members may pass resolutions to carry out certain changes or approve certain actions. The articles of association of a company registered under the Companies Act 1985 may refer to 'extraordinary general meetings' (a term used to distinguish such ad hoc meetings from AGMs) although the reference to ‘extraordinary’ is absent from CA 2006. For further information on the calling and holding of general meetings (and AGMs), see Practice Notes: • Calling a general meeting—fundamentals • Holding a general meeting—fundamentals The COVID–19 pandemic led to many companies holding
PRACTICE NOTES
This is a practical step-by-step ‘how to’ guide for a UK company to administer the exercise of employee share options over its shares.It can be used in relation to the exercise of enterprise management incentives (EMI) options, company share option plan (CSOP) options, or unapproved share options (including those granted under a long-term incentive plan (LTIP)) and can be used as a reference for both private and listed companies. It is not suitable for use in relation to the exercise of save as you earn (SAYE) options. 1. Check that the options can actually be exercised First, review the option documentation to confirm that the relevant options are exercisable in the given circumstances and have not lapsed. This will usually involve the option plan rules, option agreement, option certificate and/or deed of grant, depending upon the particular documentation used for granting the option. Check in particular: • whether the relevant exercise window is open • whether any vesting conditions have been satisfied • whether any leaver provisions apply which are relevant to
PRACTICE NOTES
This short guide sets out the steps involved in a company adopting new articles of association upon incorporation and in a company subsequently amending its articles of association (including the adoption of a new form of articles in substitution for, and to the exclusion of, the existing articles). For a comprehensive review of the issues and procedures relating to the adoption and amendment of articles of association, see Practice Notes: A company’s constitution and Amending the articles of association. Articles adopted on incorporation The Companies Act 2006 (CA 2006) requires all companies to have articles of association. A new company may be incorporated either using Companies House form IN01 (Application to register a company) (ie where the company is tailored to meet the specific requirements of the subscribers) or by the purchase of a ready-made shelf company. Incorporation using form IN01 Where form IN01 is used, the subscribers must indicate at part 1, section A8 which of the following type of articles is to be adopted upon incorporation: • if the appropriate form of statutory
PRACTICE NOTES
This ‘How to’ guide sets out how to advise on implementing a training programme to support the appraisal process. An appraisal process can deliver significant improvements in morale, skills and staff retention, but to achieve these goals everyone involved needs to understand how to conduct effective appraisals and be aware of what appraisals can and cannot deliver. Why appraisal training is required Appraisals can cause a great deal of anxiety for many managers and employees. Managers are typically concerned about: • the time taken to complete them • how to give feedback that is critical • the feedback they may receive from their team and other colleagues • managing difficult or emotional responses from individual appraisees • completing the paperwork appropriately Appraisees' main concerns are: • fear of hearing where they are underperforming • concerns about pay and reward (if appraisals are linked to financial incentives) • cynicism about the effectiveness of appraisals • not having the opportunity to put forward their version of events • what to do if they feel they have received
PRACTICE NOTES
This ‘How to’ guide sets out how to advise on drafting an appraisal form. Performance management is central to the relationship between employee and manager. Both should know what needs to be done to meet their own goals and contribute to those of the business as a whole. The appraisal process is an important element of performance management. The guidance below sets out best practice in drafting a competency-based appraisal form. There are links throughout to the Acas guidance on how to manage performance, which has been archived on The National Archives website. For further information on appraisal processes, see Practice Notes: How to manage personal development and appraisals and How to advise on managing an appraisal meeting. Elements to include in the appraisal form Most appraisal forms include elements to allow: • a review of performance against previous objectives • an assessment of performance against the core skills required for the role (key competencies) • a mechanism for agreeing performance objectives for the next 12 months • an assessment of training needs
PRACTICE NOTES
This ‘How to’ guide sets out how to advise a manager on managing or conducting an appraisal meeting. Performance management is central to the relationship between employee and manager. Both should know what needs to be done to meet their own goals and contribute to those of the business as a whole. Appraisal meetings are an important element of performance management procedures. The guidance on such meetings given here takes into account Acas guidance on how to manage performance, which has been archived on The National Archives website. The importance of appraisals An effective performance management process focuses on: • aligning the workforce with the strategic aims of the business • improving employee performance • supporting employee development and retention • driving better business results Good performance management helps both managers and employees know: • what the business is trying to achieve • their role in helping the business achieve its goals • the skills and competencies they need to fulfil their role • the standards of performance required • how they can develop
PRACTICE NOTES
Has a complete agreement been reached? It appears odd to enquire whether a complete agreement exists at the point when the parties to a dispute have agreed that one of them should draft a settlement agreement. Experience shows that in drafting an agreement it sometimes becomes evident that not all points have been covered in the parties’ negotiations. The agreement drafting process can therefore require further negotiations to take place before the complete terms of the agreement are finalised. This factor can be checked during the negotiating process by using a list along the lines of the headings of this Practice Note, as well as considering the unique subject matter of the particular dispute. Outstanding terms may have been deliberately left over for agreement. Leaving a tricky topic to be discussed during the drafting process might be a tactical move because one party considers that reaching a compromise on that point could be easier if left over rather than being addressed earlier. To counter this, a response could be to press
PRACTICE NOTES
Can you amend a planning permission once granted? Once planning permission is granted, the development which it authorises must take place in compliance with the conditions it imposes, see Practice Note: Planning conditions—key points. However, amendments to a consented development are often needed for various reasons after planning permission is granted. The Town and Country Planning Act 1990 (TCPA 1990) therefore contains powers permitting local planning authorities (LPAs) to grant amendments to planning permissions through one of the following: • applications for non-material amendments under TCPA 1990, s 96A • applications for variations of conditions attached to a planning permission under TCPA 1990, s 73 • in England only, once section 110 of the Levelling-up and Regeneration Act 2023 comes into force, applications for material variations in planning permission under TCPA 1990, s 73B Where amendments proposed cannot be dealt with via either TCPA 1990, s 96A, s 73 or s 73B, a new planning permission for an altered scheme of development will have to be
PRACTICE NOTES
This guidance looks at the critical role of an expert witness in civil proceedings, considering why parties need to appoint an expert witness and some of the issues around their selection, engagement and working with them. It emphasises the importance of assisting an expert to maintain their independence up to and during the trial. Further, it distinguishes between the different roles of expert advisers and expert witnesses. The purpose of an expert witness An expert witness in a civil case has one or two main functions. In some cases, both aspects are fulfilled; in others, only one. The more basic of the two functions is to explain a technical process or to interpret terminology used in a limited sphere of activity that is relevant for the court’s determination of issues between the parties to litigation. Examples could be to explain the process of the construction of a building, or to tell the court what another country’s law is on a significant point. This type of expert evidence would often