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PRACTICE NOTES
This Practice Note provides practical guidance on importing goods into the UK or Northern Ireland from any country outside of the UK or the EU. It provides guidance on obtaining an EORI number, if an exporter can export the goods, if the importer can import the goods and how to submit a customs declaration which includes guidance on the correct tariff heading, how to determine the value of the product and what customs duty will be paid. Introduction This Practice Note provides guidance on importing, on a permanent basis, goods from: • any country outside of the UK if the goods are destined for England, Wales and Scotland, and • any country outside the UK and the EU if the goods are destined for Northern Ireland Obtain an EORI number When the UK was a member of the EU, it adhered to the Union Customs Code. The UK continues to apply the Union Customs code and its regulations by virtue of the European Union (Withdrawal) Act 2018. Under the Union Customs Code
PRACTICE NOTES
This Practice Note provides practical guidance on how plant and plant products originating in non-EU countries may be imported into Great Britain. As such, it provides guidance on the different risk categories of plant and plant products, the associated health controls, how to register to import, how to obtain a phytosanitary certificate, how to have the plant and plant products inspected and related aspects. Introduction The UK’s primary legislation governing plant health in England and Wales is the Plant Health Act 1967. This Act aims to control pests and diseases that may be injurious to agricultural or horticultural crops or to trees and bushes. In Scotland, the primary legislation is Plant Health (Scotland) Order 2005 as derived from section 2, 3 and 4(1) of the Plant Health Act 1967. Both Acts have subsidiary legislation in effect as well as Assimilated EU Regulations, such as Assimilated Regulation 2016/2031. The Animal and Plant Health Agency (APHA) manages the plant health controls for England and Wales while the Science and Advice
PRACTICE NOTES
This Practice Note is a guide explaining ‘how to’ incorporate precedent controller to processor (C2P) or processor to processor (P2P) provisions for compliance with the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) into a draft commercial contract. It is written from the perspective of a contract that will be governed by the law of England and Wales. Guidance on the laws of other jurisdictions should be sought where appropriate. In relation to the contract provisions required, there are significant similarities between the UK GDPR and the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). This ‘how to’ guide assumes a basic level of knowledge about data protection law, including the meaning of key terms such as ‘personal data’ and ‘processing’. For introductory information on data protection law, see Practice Note: Data protection law—new starter guide and the UK data protection law collection. For information about the background to the UK GDPR and its relationship with the EU GDPR, see Practice Note: The
PRACTICE NOTES
This short ‘how to’ guide sets out the steps to be followed to incorporate a new public or private company limited by shares which is tailored to meet the specific requirements of the subscribers (ie first shareholders of the company) upon incorporation. For a comprehensive review of the issues and procedure relating to the incorporation of a tailor-made company (including a public or private company limited by shares), see Practice Note: Incorporating a company and relating to the purchase of a read-made ‘shelf company’, see Practice Note: Tailoring a shelf company. Requirements for registration A public or private company limited by shares is incorporated by the delivery of its memorandum of association to Companies House, together with: • an application to register a company on Form IN01 (either online or in paper format)—for the online service, see: Register your company • the company’s proposed articles of association (unless the company is adopting a form of the statutory model articles), and • the requisite filing fee The relevant address for delivery of
PRACTICE NOTES
This Practice Note sets out how to instruct a High Court Enforcement Officer (HCEO) to execute a writ of control to enforce a court judgment by taking control of the judgment debtor’s goods and selling them under the Taking Control of Goods procedure. For general guidance on executing a writ of control to enforce a court judgment, see Practice Note: Enforcing a writ of control. For general guidance on executing a warrant of control to enforce a County Court judgment, see Practice Note: Enforcing a warrant of control. Who are the High Court Enforcement Officers? High Court Enforcement Officers (HCEOs), formerly known as Sheriffs, are private individuals authorised by the Lord Chancellor and Ministry of Justice to execute: • judgments or orders of the High Court • County Court judgments or orders for the payment of a sum above £600 which have been transferred to the High Court (see Practice Note: Enforcing a money judgment—High Court or County Court?) Provided that they have been
PRACTICE NOTES
Setting the scene To set the scene a claimant may challenge a Will on the basis that the testator lacked testamentary capacity to make a valid Will, they lacked knowledge or approval of terms of the Will; and/or the Will was executed as a result of undue influence/coercion or fraudulent calumny. The claimant will need medical evidence (among other things) to prove that a testator lacked capacity, and such evidence may be highly relevant, also, in (for example) lack of knowledge and approval and undue influence claims. How do such challenges initially unfold? Each case is inevitably different. However, it may be useful to set out how such cases can often unfold in the early stages. Following a death a person who is concerned about a Will may not have a great deal of information. They may place a caveat on the Will, enter into initial correspondence with the personal representatives and other relevant parties, and then quite quickly find they need to undertake an information-gathering process. The potential claimant
FLOWCHARTS
This Flowchart outlines the process for considering whether an expert is required for the purposes of civil proceedings and, if applicable, how to instruct a party
PRACTICE NOTES
Given the cross-border nature of many banking transactions, it is common for the principal legal advisors for lenders/creditors and borrowers/obligors to need to instruct local lawyers to provide advice on local law. This Practice Note gives practical advice on instructing and managing local counsel and covers: • the role of local counsel • instructing local counsel as principal legal advisers for lenders/creditors or borrowers/obligors, and • the role of the principal legal advisers in managing local counsel Role of local counsel When to appoint local counsel In general, local counsel will need to be appointed in any situation where: • the client needs advice on local law • there are documents to be drafted and/or entered into which are governed by law other than the law of England and Wales, and • any document governed by English law is to be entered into by an overseas company Instructing a local firm may not be necessary if the principal firm has people qualified in that office to advise
NEWS
DR analysis: In a recent judgment, Mr Edward Murray, sitting as a Deputy Judge of the Chancery Division, provided helpful guidance on the proper approach to interpreting a court order. In this article, we address the practical implications of the court’s decision.
PRACTICE NOTES
The extent of any exercise undertaken to investigate a limited company in the United Kingdom will partly depend on whether the company in question is private or public, and, if public, whether its securities are listed on an exchange or alternative trading platform. A listed company is generally required by the rules of the exchange to make available a wider range of information beyond that required by private or unlisted public companies. Information sources for all companies and individuals Companies House The most obvious place to start when investigating a company in the UK is Companies House. A search at Companies House will, free-of-charge, provide a substantial amount of information filed in relation to a company’s constitution, registered address and date of incorporation, current and previous officers, people with significant control (PSCs), mortgage charge data, previous company names, accounts and insolvency information. Key services at Companies House include Search the register, Advanced company search and Dissolved company search (for information on a company which was dissolved more than ten years ago). To order certificates and certified
PRACTICE NOTES
The importance of investigating title Carrying out adequate searches and enquiries of the planning aspects of a property is important before acquiring that property or an interest in that property, to ensure that the buyer will: • not be liable for complying with unknown outstanding obligations or conditions or for remedying or paying for previous breaches of planning control • be able to use the property for the intended purposes For transactions involving the creation, acquisition or disposal of an interest in land, it is important to determine the lawfulness of any existing or proposed uses or operational development on that land. This is because planning permission is required for the ‘development’ of land as defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990) (see Overview: Is planning permission required?), unless it is permitted pursuant to a development order such as the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (in England) or the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales) (see:
PRACTICE NOTES
Prepare the claim form The claimant prepares the claim form (Form N2) stating: • the deceased’s name • the claimant(s) name(s) • the defendant(s)’ name(s) and address(es) • brief details of the claim, including a statement of the nature of the interest of the claimant and of each defendant in the deceased’s estate • the court fee • whether the claim includes any issues under the Human Rights Act 1998 • setting out or attaching the particulars of claim, or stating that they are to follow • completing the statement of truth. This is either signed by the claimant, their litigation friend where the claimant is a child or a patient or the claimant’s legal representative If the claim is for the revocation of the grant, every person who is entitled or claims to be entitled to administer the deceased’s