Under regulation 16(1) of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, during any period of statutory holiday a worker is entitled to be paid at the rate of a 'week's pay' for each week of holiday. WTR 1998, SI 1998/1833, reg 16(2)–(3) provides that sections 221 to 224 of the Employment Rights Act 1996 (ERA 1996) apply for the purposes of calculating a week's pay for each week of leave. However, it should be noted (among other things) that: • references to 'employee' in the ERA 1996 must be read in this context as also applying to anyone with the status of 'worker' (and likewise with references to an 'employee's contract') • 'the calculation date' must be read as 'the first day of the period of leave in question' • ERA 1996, ss 227 and 228 do not apply, so the statutory cap on a week’s pay does

As noted in Practice Note: Written resolutions, only private companies can pass written resolutions. Written resolutions can be proposed by the board and then circulated by the company, or required to be circulated by the members holding at least 5% of the total voting rights (or such lower percentage as is specified in the articles of association of the company) as per section 292 of the Companies Act 2006 (CA 2006). Copies of the written resolutions must be circulated to all eligible members at the same time (so far as reasonably practical). A written resolution is passed when the required majority of eligible members

Section 2 of the Education and Skills Act 2008 (ESA 2008) imposes a duty on people over compulsory school age and under the age of 18 to participate in appropriate full-time education or training. In many cases, this will involve attendance at a school for years 12 and 13, with a view to taking A Levels. ESA 2008, s 10 requires a local authority in England to ‘ensure that its functions are [so far as possible] exercised’ so as to ensure that people aged between 16 and 18 are in full-time education or training. ESA 2008, s 11 then provides that schools are under a duty to promote good attendance of this age group and ESA 2008, s 12 requires a local authority to make arrangements to enable it to

A Calderbank offer, which derives its name from Calderbank v Calderbank, is a settlement offer written ‘without prejudice save as to costs’ (occasionally referred to as WPSAC letters). A Calderbank offer is widely used by defendants in litigation because of its inherent advantages. It provides a more limited basis than CPR 36 by which a court can assess reasonableness and enable favourable costs’ orders, but equally affords the offeror maximum flexibility. For example, it can be framed as a global payment

We have assumed that • the attorney in question has been appointed under a lasting power of attorney • the attorney is the sole executor of the estate Under the Non-Contentious Probate Rules 1987, SI 1987/2024, r 31, a person entitled to a grant of probate or letters of administration may appoint an attorney to take a grant for their use and benefit. Subject to any limitation contained in the grant the attorney as administrator,

This response is limited to requirements arising under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692. The first issue to consider is whether the matter in which you are instructed is within scope of the MLR 2017, SI 2017/692. We refer you to Practice Note: Money Laundering Regulations 2017—scope and application—law firms. At high-level, a law firm is caught by the MLR 2017, SI 2017/692, when it provides legal services to other persons participating in financial or real property transactions concerning: • buying and selling of real property or business entities • managing client money securities or other assets (this is narrower than handling them) • opening or managing bank, savings or securities accounts (this is defined more widely than simply opening a client account and is likely

The High Court has given guidance on the medical evidence required for adjournment on grounds of ill-health. It has ruled that a Registrar had ample grounds to refuse an application for an adjournment due to lack of supporting medical evidence. The fact that the Registrar had been informed that the applicant ‘was medically unfit to attend’ was not in itself sufficient basis for the hearing to be automatically adjourned. The court confirmed that whether to proceed or not with a hearing is a case management decision which must be made in consideration of all the factors at play and with regard to the overriding objective.

The Landlord and Tenant Act 1987 (LTA 1987) contains important provisions giving to qualifying tenants the right, where the landlord wishes to dispose of their interest, to be notified and to have first refusal on the purchase of it. A failure to comply with the requirements of LTA 1987, including service of a notice under LTA 1987, s 5, has potentially serious consequences. Not only is it a criminal offence, but the tenants can require the conveyance of any interest disposed of to

It is assumed that the claim would otherwise trigger cover under the insurance policy and that it is a liability insurance policy. Under a liability insurance policy, a notification clause is framed as a condition precedent to indemnity under the policy, to allow insurers to investigate the claim at an early stage. In the absence of a clause allowing for extended reporting of claims notifications, an insurer can rely on a breach of a condition precedent to deny liability, regardless of whether insurers have suffered any prejudice. See Practice Note: Liability insurance—notification of claims and circumstances and defence of claims. It should

An EMI qualifying option will lose its tax-advantaged EMI status if there is a disqualifying event for the purposes of sections 533–539 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). This legislation has the effect that a disqualifying event is not triggered where the relevant

The making of a bankruptcy order against any member of a partnership will generally dissolve the partnership (unless the partnership agreement provides to the contrary) as per section 33 of the Partnerships Act 1890. Prior to the Insolvent Partnerships Order 1994, SI 1994/2421 (IPO 1994) coming into force, if all members of a partnership were made bankrupt, there was no ‘solvent’ partner able to deal with the winding-up of the partnership. The official receiver or trustee in bankruptcy of the partners could not deal with the partnership property, the legal position being that partnership property effectively forms a trust in favour of the partnership creditors, and thus does not form part of

An Assured Shorthold Tenancy (AST) is a type of assured tenancy which allows the landlord to let the property while retaining the right to repossess the property at the end of the term. This is in contrast with regulated and assured tenancies, where the tenant may be entitled to stay in the property at the end of the term. For more on this, see Practice Note: A summary of types of private residential tenancies under the heading A summary of types of private residential tenancies—Assured shorthold tenancies. In terms of the creation of an AST, the default position is that any residential tenancy created on or after 28 February 1997 will automatically be an AST unless the landlord has served a notice on the tenant stating that the tenancy will not be an AST. However,