Co-operative and Community Benefit Societies There are two possible ways in which an individual can be authorised to execute documents on behalf of a CBS. The first comes from the section 53(6) of Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014), which stipulates that each member of the society’s committee and the society’s secretary are authorised signatories. Secondly, a CBS can authorise a further individual to execute documents on their behalf by way of a signing power of attorney. This would give the individual an express authorisation to bind the CBS in respect of particular transactions or forms of business. For further information on authorisation to enter into contracts generally, see Practice Note: Forming enforceable contracts—authority. It is not clear from the above whether the individual was authorised by virtue of being a member, or officer of the CBS or as a result of a signing power

Under section 91 of the Housing Act 1985 (HA 1985), assignment of a secure periodic tenancy is prohibited except in three situations: • assignment by mutual exchange (HA 1985, s 91(3)(a)) • assignment under property adjustment orders in connection with family/matrimonial proceedings (HA 1985, s 91(3)(b)) • assignment to a person who would be qualified to

In the absence of any further information, it appears in this situation that A would be deemed a bona fide purchaser for value, see Practice Note: Unjust enrichment—defences, in particular the section entitled Unjust enrichment—defences—Bona fide purchaser for value defeats a restitutionary claim. Having conducted a comprehensive search of our resources we have been unable to locate case law on the exact point, however, in Lipkin Gorman (a firm) v Karpnale Ltd it was held that where the true owner of stolen money sought to recover it from an innocent third party in an action

Agricultural property relief (APR) APR applies so as to reduce the value of a transfer of ‘agricultural property’ by the appropriate percentage (ie 100% or 50%) of the value of that transfer which is attributable to the ‘agricultural value’. Relief is given for the agriculturual value of any agricultural property. This is defined in section 115(3) of the Inheritance Tax Act 1984 as the value which would be the value of the property if it were subject to a perpetual covenant prohibiting its use otherwise than as agricultural property. See Practice Note: IHT—agricultural property relief. Farmhouses and agricultural cottages come within the definition of agricultural property but only within limits. Agricultural property includes 'such cottages, farm buildings and farmhouses together with the land occupied with them, as are of a character appropriate to

The early conciliation (EC) requirement is set out in section 18A of the Employment Tribunals Act 1996 (ETA 1996) and in the Early conciliation rules (rules applying from Sunday 20 April 2014, as amended) (EC Rules) that appear in the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014, SI 2014/254, Sch. It requires a prospective claimant to provide prescribed information about a prospective claim to Acas, in the prescribed manner, before they present that claim to the employment tribunal (unless an exemption applies). For detailed information on the EC requirement, see Practice Note: The early conciliation requirement. The section of the Practice Note entitled Extension to time limits (the 'stop the clock' provisions) contains detailed guidance on the effect of EC conciliation in extending time limits (known as a ‘stop the

For information on the early conciliation (EC) requirement generally, see Practice Note: The early conciliation requirement. When the EC requirement set out in section 18A of the Employment Tribunals Act 1996 (ETA 1996) applies, the prospective claimant must provide Acas with the prescribed information within the normal time limit for presenting the claim in question. For information on the consequences for the prospective claimant if they fail to comply with that time limit, see the section of Practice Note: The early conciliation requirement entitled ‘When to provide Acas with the prescribed information’. Once a prospective claimant has notified Acas of the prescribed information in accordance with the EC requirement, Acas will follow the EC process set out in ETA 1996, s 18A and

We have assumed that: • Company A endorses the goods/services of Company B to a consumer, and the consumer enters into a contract with Company B pursuant to the endorsement • there is no contract between company A and the consumer Liability of Company A under the contract between the consumer and Company B/the trader Under the rules of privity of contract, only parties to a contract are able to enforce rights and obligations against each other (see Practice Note: Third party rights—the common law doctrine of privity of contract). This means that under the privity of contract doctrine, in the scenario described, the consumer could not sue Company A to enforce Company B’s obligations under the contract. The doctrine of privity of contract provides that a contract can

In such a situation, it would be common practice for the parties to enter into a trade mark licence agreement, either as a separate document, or as part of the contract relating to the business solution. There would be nothing to stop Company A from including a provision in such a licence requiring company B to cease the use of its brand name once the licence is terminated. We refer you to Precedent: Trade mark licence—pro-licensor. In particular, we draw your attention to clause 16.9.3 of this Precedent which states as follows: '16.9 In the event of termination

The controlled goods agreement was previously known as a walking possession agreement, distress or distraint but is now a controlled goods agreement under the Taking Control of Good Regulations 2013 (TCGR 2013), SI 2013/1894. A controlled goods agreement means that the creditor takes control of assets owned by the debtor. These assets may either be possessed and sold by the creditor to satisfy the outstanding debt or the debtor may continue to keep the assets pending payment in full of the amount owed to the creditor. For a controlled goods agreement to be valid the creditor must comply with the requirements of TCGR 2013 which, for most creditors, means prior application to court for judgment regarding the outstanding debt and then appointment of a qualified bailiff to carry out the controlled goods agreement. For the controlled goods agreement to be valid it

If a purported scheme fails to meet the conditions for an enterprise investment scheme (EIS), it may be an unregulated collective investment scheme (UCIS) or a ‘close substitute’, and so a financial adviser could be in breach of promotion of UCIS/close substitute requirements. We would therefore point to Practice Note: Collective investment schemes—essentials. In this Practice Note, we refer to the fact that Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (CIS Order), SI 2001/1062, Sch, para 2 excludes from the definition of a CIS ‘enterprise initiative schemes’.

Scope of disclosure Disclosure is the term given to the process where parties offer up 'documents' in their control which are material to the issues in dispute. The scope of the disclosure exercise is largely governed by the track on which a claim is proceeding, the court in which a claim is proceeding, and the terms of any disclosure order made by the court. For more information, see Practice Note: Disclosure under CPR 31—introduction. For example, parties involved in multi-track cases (and which do not involve a claim in personal injury) will, unless the court orders otherwise, be obliged to comply with the requirements under CPR 31.5(3)–CPR 31.5(5) (CPR 31.5(2)), which include filing and serving a disclosure report (Form N263). Subject to any orders to

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This will mean parties may not be able to meet in person to execute contracts. The Law Society guidance The Law Society provides guidance on how to execute documents when one or more parties to a contract are not physically present. It envisages exchanging copies of signed signature pages via email: Law Society Guidance: Execution of documents by virtual means. The available methods will depend on whether the document to be executed is a deed, guarantee to be executed as a deed or a contract for the sale and transfer of real property. Option 1 is appropriate for the execution of