What is a warrant of delivery? Where a claimant brings a successful claim seeking the return of goods, the County Court may make an order compelling the defendant to ‘deliver’ those goods to the claimant. A warrant of delivery is the means by which that order is executed if the defendant fails to comply. It is a document issued by the County Court instructing bailiffs to cause the goods to be delivered by the defendant. When can I apply for a warrant of delivery? In order to apply for a warrant of delivery there are a number of requirements: Requirement Guidance A judgment or order for the delivery of goods with or without the alternative option of paying the assessed value of the goods. Where you have a judgment or order for the delivery of any goods then it will be enforceable by a warrant of delivery in accordance with CPR 83.23 (unless any other rule or act provides otherwise).If the judgment or order does not give the judgment debtor the option

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. What is a writ of control? A writ of control is a document issued by the High Court instructing a High Court Enforcement Officer (HCEO) to use the taking control of goods (TCG) procedure. It gives the HCEO the authority to take control of goods belonging to a judgment debtor, sell those goods and then apply the sale proceeds towards any outstanding balance under a money judgment. The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) is the underlying primary legislation which introduces the TCG procedure—for guidance, see Practice Note: Finding your way through the Taking Control of Goods legislation. Writs of control are the modern equivalent of the old writs of fieri facias (except writs of fieri facias de bonis ecclesiasticis)—see TCEA 2007, s 62(4)(a). When can I apply for a writ

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section Court specific guidance below. What is a writ of delivery? Where a claimant brings a successful claim seeking the return of specified goods, the High Court may make an order compelling the defendant to ‘deliver’ those goods to the claimant. A writ of delivery is the means by which that order is executed if the defendant fails to comply. It is a document issued by the High Court instructing High Court Enforcement Officers to cause the goods to be delivered by the defendant. A writ of delivery is included in the definition of a ‘writ of execution’ in CPR 83.1(2)(l)—be aware that section 23(1) of the Partnership Act 1890 provides that a writ of execution may not be issued against any partnership property, unless it is in respect of a judgment against the

This how to guide provides a summary (and links to further resources) of the procedure to be followed so as to obtain approval by members in relation to certain transactions with directors or persons connected with directors, such as long-term service contracts, substantial property transactions, loans and other credit transactions and payments for loss of office. Part 10, Chapter 4 of the Companies Act 2006 (CA 2006) contains provisions that require certain transactions between a company and its directors or persons connected with its directors to be approved by the members of the company. This guide does not set out the details of the various transactions between a company and its directors that require member approval, focussing instead on the common approval process to be followed when any such transaction arises. For details on how to identify or determine the substance of a relevant transaction, see the following Practice Notes and related links: • Loans to directors, connected persons and related arrangements—requirement to obtain members’ approval • Quasi-loans to directors, connected

This Practice Note looks at how to obtain official copies of the registers and plans maintained by HM Land Registry (HMLR) in respect of individual registered titles relating to freehold and leasehold land in England and Wales. It provides guidance on obtaining official copies where only: • the title number or the address of the property is known • the location of the property is known, or • the name of the registered proprietor is known Property practitioners should obtain up-to-date official copies of all relevant title documents at the outset of a property transaction as a matter of course. However, practitioners in other areas may also find it useful or necessary to obtain official copies when involved with transactions involving property. For example, where: • an insolvency practitioner is considering the appointment of a receiver over property, or has already appointed a receiver, official copies of the register should be obtained; these will confirm that the security pursuant to which the receiver is appointed is validly registered and

A company has an implied power to distribute its profits to its members, unless its articles of association provide otherwise. A dividend is one type of distribution that may be made by a company to its members. In fact, dividends are the most common type of distribution made by a company. However, a company is under no legal obligation to declare or pay a dividend, unless the rights attaching to its shares specify that it must. Any entitlement that a member has to a dividend from a company derives from the shares they hold in that company—any right to a dividend attaches to a class of a company’s shares. No dividend may be declared, or paid, by a company unless it is done in accordance with the respective rights of the shareholders of a company. Different classes of share often have different dividend rights attaching to them. The ordinary meaning of 'dividend' is a share of profits, whether at a fixed rate or otherwise, allocated to the holders of shares in a company. It

A company has an implied power to distribute its profits to its members, unless its articles of association provide otherwise. A dividend is one type of distribution that may be made by a company to its members. In fact, dividends are the most common type of distribution made by a company. However, a company is under no legal obligation to pay a dividend, unless the rights attaching to its shares specify that it must. Any entitlement that a member has to a dividend from a company derives from the shares they hold in that company—any right to a dividend attaches to a class of a company’s shares. No dividend may be declared, or paid, by a company unless it is done in accordance with the respective rights of the shareholders of a company. Different classes of share often have different dividend rights attaching to them. The ordinary meaning of 'dividend' is a share of profits, whether at a fixed rate or otherwise, allocated to the holders of shares in a company. It

A company has an implied power to distribute its profits to its members, unless its articles of association provide otherwise. A dividend is one type of distribution that may be made by a company to its members. In fact, dividends are the most common type of distribution made by a company. However, a company is under no legal obligation to pay a dividend, unless the rights attaching to its shares specify that it must. Any entitlement that a member has to a dividend from a company derives from the shares they hold in that company—any right to a dividend attaches to a class of a company’s shares. No dividend may be declared, or paid, by a company unless it is done in accordance with the respective rights of the shareholders of a company. Different classes of share often have different dividend rights attaching to them. The ordinary meaning of 'dividend' is a share of profits, whether at a fixed rate or otherwise, allocated to the holders of shares in a company. It is

For transactions which involve security, it is extremely important to ensure that all perfection requirements are dealt with after completion. The lawyers acting for the lender(s) will usually deal with perfection since a failure to perfect the security correctly will mean that the security will not be enforceable against certain third parties or that the priority of the security is not protected. For more information, see Why is it necessary to perfect security? The ways in which security is perfected will depend on the type of security taken and the asset being secured. Most security granted by a company or LLP needs to be registered at Companies House to protect its validity. Other steps may also need to be taken to protect or enhance the security’s priority, or to ensure the security is legal or statutory rather than equitable. For more information, see: • How is security perfected?, and • Post-completion in loan transactions—checklist for the lender's lawyers — Perfecting security This Practice Note is intended as an introductory guide

Where it is proposed to wind up a solvent company voluntarily, the directors may at a board meeting make a statutory declaration of solvency that having made a full inquiry into the company’s affairs they have formed the opinion that the company will be able to pay its debts in full, together with interest at the official rate, within a period not exceeding 12 months from the commencement of the winding-up. See Practice Notes: • What is a members’ voluntary liquidation and when is it typically used? • MVL—the information and documents to be provided to the liquidator by the company It should be noted that where the directors have made a statutory declaration, the company enters into members’ voluntary liquidation (MVL). If no such declaration is made, the company enters into creditors’ voluntary liquidation. See Practice Notes: • Placing a company into MVL • What is a statutory declaration of solvency and what happens if a false declaration of solvency is made? Board meeting A meeting of the

An internal investigation is a legal process undertaken by an organisation (with or without outside counsel) to review and identify facts relating to a specific allegation, concern or misconduct and remediate potential irregularities. What sort of events may trigger an investigation? Common scenarios that may trigger an investigation include: • an individual raising a concern internally via a whistleblowing hotline or otherwise (whistleblower) • a response to a regulatory or criminal agency demand • part of due diligence in advance of a merger or acquisition • a civil litigation claim • an internal or external auditor’s report • media reports • an external allegation, eg from a customer or counterparty Why conduct an internal investigation? Internal investigations are an important process in establishing the factual circumstances of a particular event or series of events in a way which best protects the organisation and the board. The overriding aim should be to determine the facts and mitigate any legal, regulatory and reputational outcomes, ie: • establish the relevant facts

This ‘How to’ guide sets out how to plan and prepare for a disciplinary hearing or meeting, as part of a fair conduct management procedure. In cases of apparent misconduct, the first stage is for a disciplinary investigation to be conducted. Once that is complete, the investigator will review the evidence. The investigator should then decide whether the evidence sufficiently demonstrates that the employee ‘has a case to answer’, ie that: • the employer has a clearly defined rule, policy, procedure or standard • that rule, policy, procedure or standard may have been breached by the employee, and • such a breach might, if shown to have occurred, be regarded by the employer as serious enough to warrant some form of disciplinary sanction (it would not normally be reasonable to proceed to a disciplinary hearing if, even at its highest, the misconduct alleged is clearly too trivial to warrant any form of disciplinary response) If satisfied that that threshold has been met, the investigator should recommend that a disciplinary hearing