Where a liquidator proposes to make a distribution in specie, the liquidator should first ensure that the company has the requisite power to make such a distribution. They should check the Articles of Association ahead of the general meeting to see whether powers have already been already granted, or if necessary request the members pass resolution so that an in specie distribution by the liquidator is permitted. The assets will need to be valued on an agreed basis so that distributions to members (assuming more than one) are made in correct proportion to their shareholding. If necessary, there may be a need to adjust with cash payments, or cash transfers between members

In the situation described in this Q&A, it has been assumed that the liquidator has drawn properly approved remuneration calculated on a time cost basis up to the limit allowed by the fee estimate and has asked creditors to approve remuneration in excess of the original fee estimate (the additional remuneration). This approval has not been

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 18.16 sets out the remuneration principles. These principles provide that an office-holder is entitled to remuneration (IR 2016, SI 2016/1024, r 18.16(1)) and under IR 2016, SI 2016/1024, r 18.16(2), that remuneration must be fixed as a percentage value of property or assets realised and/or distributed; time properly spent or as a set amount or a combination of the above bases. Where an office-holder proposes to take all or any part of the remuneration on the basis set out in IR 2016, SI 2016/1024, r 18.16(2), the office-holder must, prior to the determination of which of the bases set out in IR 2016, SI 2016/1024, r 18.16(2) are to be fixed,

In many cases one or both parties to a legal dispute may represent themselves. There are a number of reasons why this may be the case, though it will very often be due to an inability to access legal representation through a lack of funds. Each branch of the legal profession has, as part of their respective codes of conduct, various obligations arising from their duties to the court to treat litigants in person fairly and with respect. In addition, the Judicial College Guidance provides guidance to the judiciary as to the role of the judge where a case involves a litigant in person. Litigants in person are not (for obvious reasons) covered by

Is the loan agreement regulated? In order to determine the impact of an absent date on a loan agreement or related security instrument, it is important to first decide whether or not the loan is a 'regulated' consumer credit agreement under the Consumer Credit Act 1974 (CCA 1974) and Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, (SI 2001/544) (RAO). Whether a loan agreement is regulated or not can be a complicated issue and is beyond the scope of this Q&A document; for further information, see Practice Note: What is credit and what is a regulated consumer credit agreement? If the loan agreement is unregulated no specific form and content requirements apply. Consequently, omitting the date from an unregulated loan agreement will not render it invalid. Nevertheless, there may be evidential difficulties associated with proving when an undated loan agreement came into force and the absence of a date may cause further tangential complications

The right to buy The Housing Act 1985 (HA 1985) grants secure tenants the right in certain circumstances to acquire the freehold of a house they live in or to be granted a lease of it. Where a secure tenant meets the conditions for acquiring the freehold or being granted a lease, they are said to have the ‘right to buy’. Exercising the right to buy Where a tenant considers that they meet the conditions for having the right to buy the property which they rent from the local authority, they exercise that right by serving written notice on the local authority: this is provided for by HA 1985, s 122. Thereafter, the local authority landlord must serve a written notice on the tenant either admitting that the tenant has the right to buy or denying that

Deferred payment agreements (DPAs) arise by virtue of sections 34 and 35 of the Care Act 2014 (CA 2014). These provide for regulations to be made about DPAs. These regulations are the Care and Support (Deferred Payment) Regulations 2014, SI 2014/2671. The Care and Support (Deferred Payment) Regulations 2014, SI 2014/2671, reg 9 allows interest to be charged at 0.15% over the rate on conventional gilts. The Care and Support (Deferred Payment) Regulations 2014, SI 2014/2671, reg 10 allows an administration fee to be charged to cover various

Under section 203 of the Highways Act 1980 (HiA 1980), ‘private street’ means a street that is not a highway maintainable at the public expense. Highways constructed by a highway authority are maintainable at the public expense (by the highway authority) from the time when they are opened for use. A highway built after the Highways Act 1835 came into force is only maintainable at public expense if the relevant public authority has at some point adopted the highway for maintenance. The adoption might be at the request of the owner or on behalf of the authority, and is compulsory if confirmed under a private street works code or similar. See Practice Note: Maintenance liability for highways. A person who proposes to dedicate a way as a highway maintainable at public expense for the purposes of HiA

Part 5 of the Localism Act 2011 (LA 2011) enacted various provisions relating to community empowerment. This included by chapter 3 a requirement that a local authority maintains a list of land in its area that is land of community value (LA 2011, s 87). Such land is a building or other land in the local authority’s area which, in its opinion, the actual current use of that land furthers the social wellbeing or social interests of the local community, and it is realistic to think that there can continue to be non-ancillary use which will so further those interests; or it was such in the recent past and it is realistic to think that within the next five years there could be

Unless an exclusion applies, the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, Pt 2 applies in its entirety when a contracting authority (as defined in PCR 2015, SI 2015/102, reg 2) seeks offers for: • a proposed public supply contract • a proposed public works contract • a proposed public services contract • a proposed framework agreement or dynamic purchasing system, where the subject matter involves any of the above where the estimated value of that contract or framework agreement (net of the value added tax) exceeds the relevant financial threshold in place at the time. For further guidance, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime—pre-PA 2023 [Archived]. Light touch regime A

Section 43 of the Housing Act 2004 (HA 2004) provides that if the local housing authority are satisfied that a category 1 hazard exists on residential premises, and that the hazard involves an imminent risk of serious harm to the health and safety of any of the occupiers of those, or any other, premises, and no management order is in force, then making an emergency prohibition order under the section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of HA 2004, s 5

Easements No easement can exist without both an identifiable servient and dominant tenement and those two estates being in separate ownership, see Practice Note: Easements—nature and characteristics. Prior to adoption, therefore, the highway is part of the parcel of land in the same ownership and an easement cannot be granted in relation to it. Highways adoption At the point a highway is adopted, or more particularly 'the top two spits' (or spade-depths)