Date of knowledge element Subrogation is a remedy to prevent unjust enrichment by permitting a party, such as an insurer, that has indemnified another, to ‘step into the shoes’ of the other party and to bring an action in its name. The subrogated action is brought in the name of the insured party because the relevant cause of action is the same cause of action as the insured would otherwise

Taking security from individuals—the issue Our Lexis® PSL Banking & Finance Practice Note: Taking a guarantee or third party security from an individual—undue influence explains the nature of undue influence and how a lender can protect itself when taking security from an individual. Where an individual grants security or a guarantee for the debts of someone other than himself/herself (ie third-party security), lenders have to be particularly careful about the security/guarantee provider later alleging undue influence and requesting that the security/guarantee be set aside. Undue influence is improper pressure imposed on the security provider by somebody else (usually, the debtor). It means that the security/guarantee provider did not provide the security/guarantee on the basis of a free and informed decision. Undue influence can arise in two ways: • as a result of the actions of the parties

If a charity has raised money for a stated purpose, it is required to use those funds in accordance with that stated purpose. For further guidance on the rules which apply to fundraising, see: • Charity fundraising—overview • Commentary: ◦ Fundraising: Tolley's Charities Manual [3.1] ◦ Introduction: The Charities Acts Handbook [18.1] ◦ Statutory control of charitable fund raising: Halsbury's Laws of England [466] ◦ Charity Commission guidance: Charity fundraising: a guide to trustee duties (CC20) Charitable appeals are commonplace but it is often not appreciated that, when members of the

What causes of action survive a person’s death? As regards causes of action following a person’s death, if the person died on or after 25 July 1934, all causes of action subsisting against him survive against his estate, except causes of action for defamation. The cause of action may survive but it may be difficult or unable to be prosecuted. The causes of action which survive for the benefit of or against the estate of the deceased include rights of action founded on breaches of contractual obligations, rights of action for personal injuries to the deceased, including claims for damages for pain and suffering and for loss of expectation of life, and rights of action founded on statutory duties or rights, if as a matter of construction the statute envisages this. What are the rules for paying the debts

Deferral applications (under section 90 of the Finance Act 2003 (FA 2003)) must be made within 30 days of the effective date of the transaction even though the filing date for the stamp duty land tax (SDLT) return is 14 days after the effective date of the transaction. Accordingly, it is common for the filing date (and payment date) to fall before HMRC have responded to the deferral application. Payment of the tax is not postponed by making a deferral application unless HMRC accepts the application (or on determination of an appeal against HMRC’s refusal

In fixing the open market rent for lease renewals, four factors have to be disregarded: • no regard is to be had to the fact that the tenant or his predecessors in title have been in occupation of the holding—thus, the fact that a sitting tenant might outbid the rest of the market because of his special interest in remaining is to be ignored • the effect of any goodwill attaching to the holding by reason of the tenant's business is to be ignored • the effect of certain improvements is to be disregarded if the improvement was carried out by the tenant and during the current tenancy or, if not, carried out in the previous 21 years (subject to various other conditions set

A party can generally only cut back or prune hedges or trees which are overhanging their boundary, up to the boundary. If hedges or trees are cut back beyond the boundary, or the other party crosses the boundary to carry out the cutting back or pruning, then they may be liable in trespass and/or nuisance to the other party. See commentary: Right to lop overhanging trees: Halsbury's Laws of England. However, if the neighbour was exercising a legal right, such as an abatement of a nuisance, this may be a defence

The Commercial Rent (Coronavirus) Bill (the Bill) was introduced to the House of Lords having passed the House of Commons, on 13 January 2022. As such as at the time of writing the Bill has not passed into law and may be subject to further amendment. The purpose of the Bill is to enable the matter of relief from payment of protected rent debts due from a tenant to a landlord under a business tenancy to be resolved by arbitration, if not resolved by agreement (section 1). A ‘protected rent debt’ is by section 3 defined as a debt under a business tenancy consisting of unpaid protected

Background to issue In Budget 2018, the government introduced two new tests to be met throughout the minimum qualifying period in addition to the existing tests (holding 5% of the ordinary share capital of the company and 5% of the voting rights) in order to qualify for entrepreneurs' relief (ER). The two new tests require the claimant to be: • beneficially entitled to at least 5% of the profits available for distribution to the equity holders of the company, and • beneficially entitled on a winding up of the company to at least 5% of the assets of the company available for distribution to equity holders However, subsequent to this, on 20 December 2018, the government tabled further amendments in order to add an alternative test under which the claimant must be entitled to 5% of the proceeds in the event of a sale of the whole of the company (see:

Any company whose shares are the subject of enterprise management incentives (EMI) options at any time during a tax year is required to submit an annual return in respect of the EMI options to HMRC. Such annual returns should be completed for each tax year falling (wholly or partly) in the company's qualifying option period, being: • the period

Section 7(1) of the Landlord and Tenant Act 1987 (LTA 1987) provides as follows: ‘Where a landlord has served an offer notice on the qualifying tenants of the constituent flats and— (a) no acceptance notice is duly served on the landlord, or (b) no person is nominated for the purposes of section 6 during the protected period, the landlord may, during the period of 12 months beginning with the end of that period, dispose of the protected interest to such person as he thinks fit,

A contractual pre-emption right requires the landowner, should they decide to sell, to offer it to the holder of the right for a fixed price (specified in the pre-emption agreement) or at a price to be ascertained by a market valuation or by reference to a formula. In some cases the holder of the right is simply entitled to be told of the landowner's wish to sell so that they have an opportunity to make an offer that may be accepted or rejected by the landowner. For