Under LTA 1987, Part I, disposal has an extremely wide meaning and includes the disposal of any estate or interest (whether legal or equitable). LTA 1987, s 4(2) sets out various excluded disposals. The commentary from Halsbury’s Laws of England on Relevant disposal refers to the ‘contracts, options and pre-emptions’ exclusion in LTA 1987, s 4(2)(i) and provides (at footnote 7): 'It is, in effect, the entry

A nil-rate band discretionary trust is a device often used to minimise inheritance tax. It will apply ordinarily to property owned by two parties (usually husband and wife). The parties must hold the property as beneficial tenants in common, and thus any beneficial joint tenancy must be severed. The parties then each make a Will, whereby their interest in the property, up to the nil-rate band for inheritance tax, is left not to their spouse but rather to a discretionary trust. The discretionary beneficiaries are usually the surviving spouse and children. Rather than the surviving spouse inheriting the other’s share of the property (whether by survivorship where held as beneficial joint tenants or as a bequest), the trust holds the share and, when the

For the purpose of this Q&A we have assumed that the contract is a business-to-consumer contract. This Q&A considers cancellation rights (ie cooling off periods) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 only. CCR 2013, SI 2013/3134 set out consumer cancellation rights in respect of doorstep and distance contracts, among other things. CCR 2013, SI 2013/3134 do not specifically address how cancellation rights are affected or apply in the event a contract is transferred between consumers. However, the European Commission's guidance on Directive 2011/83/EU, Consumer Rights Directive (implemented into UK law for the most part by CCR 2013, SI 2013/3134) provides, at paragraph 2.7 (Transfer of existing contracts between consumers): 'Article 3(5) states that “This Directive shall not affect national general contract law such as the rules

Companies sometimes choose to word their exit-triggered EMI scheme to define ‘Exit’ flexibly so that, in addition to referring to specific circumstances such as a takeover or a listing, the definition also includes discretion for the board to determine that an ‘Exit’ is treated as occurring in other circumstances. However, although including such a discretion in an option’s terms does not prevent it from being EMI qualifying, a decision to rely on any such discretion may do so—as highlighted by HMRC in its guidance at ETASSUM54300 (see also Practice Note: Discretion in EMI share option terms). HMRC has also issued specific technical guidance in the context of PISCES transactions. In this, HMRC notes that a discretion clause in an EMI option’s terms

This Q&A assumed that the life tenant did not arrange for an independent person to read the document to him and did not take independent legal advice about it. Subject to the specific requirements of the trust instrument as to the termination of a life interest by the life tenant, an assignment of a chose in action, such as a right of occupation, is legally binding on the assignor if it is made for

The different types of conditions of permission to which students are subject are set out in the Practice Note: Student: period and conditions of permission. Where a student has conditions that permit full-time employment outside term time (see Immigration Rules, Appendix Student, paras ST 25.1 and 25.6), the Student route caseworker guidance in the Section ‘Work conditions’ clarifies that ‘Periods of permission after a Student has completed their course are considered to be outside of term-time for the purposes

The appeal provisions in regulation 117 of the Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, provide a right of appeal in respect of the imposition of a surcharge only. From the information provided in the question this would not be an appropriate appeal route. CIL Regulations, SI 2010/948, reg 113 provides an interested person with a right to request a review of the calculation of a chargeable amount within

See out: Drafting and negotiating an indemnity clause—checklist, which outlines key provisions and issues for consideration when drafting and negotiating indemnity clauses in commercial contracts. It states to ensure that the wording of the indemnity covers the types of losses that the parties have agreed will be covered. From a practical perspective, some types of loss, such as loss of

The formalities for entering into an agreement as prescribed by the Consumer Credit Act 1974 (CCA 1974) and associated regulations are complex and may vary according to the category of the agreement concerned (the type of agreement and whether it is cancellable or non-cancellable). CCA 1974, s 61 sets out the formalities for signing an agreement, but is silent on the issue of date. However, where an agreement,

Planning obligations and local land charges A planning obligation created by a section 106 agreement is a local land charge for the purposes of the Local Land Charges Act 1975 (LLCA 1975) and should be registered as a local land charge. A local authority search should reveal planning obligations in relation to a property searched against. However, if an obligation is not registered as a local land charge, it will still be binding against a buyer of the land, but the buyer can be compensated for loss suffered as a result of the lack of registration. For further information, see Practice Notes: Planning obligations—key points and Planning local authority searches. Enforcement of planning obligations Section 106(4) of the Town and Country Planning Act 1990 (TCPA 1990) provides that a section 106 agreement can provide that a person will no longer be bound by the agreement after it no longer has an interest

Submitting an application for entry clearance while an appeal is pending In the event that a fiance(e) visa application is refused, an applicant will have a right of appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002). The applicant will have a period of 28 days from the date that they received a decision on their application to challenge the decision of the Entry Clearance Officer. Those who make applications from within the UK, are prohibited from lodging a new application when they have an appeal pending, if their leave has been extended by section 3C of the Immigration Act 1971 (IA 1971). IA 1971, s 3C(4) states: ‘(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom

Under the Immigration Rules, Part 1, para 28 an applicant for entry clearance must be outside the UK and Islands at the time of the application. However, there are no restrictions on travelling to the UK while that application is being considered, and doing so does not serve to withdraw a pending application. There may be some practical issues (such as ensuring access to a passport or travel document) but no immediate legal implications where travel occurs. If an applicant arrives at the UK border while a pending visa application (in this case, Skilled Worker) remains outstanding, they cannot be admitted to the UK via that pending route. Most commonly, the individual would be admitted as a visitor, for which they would require either a pre-existing visa or to be a non-visa national. They would of course have to satisfy