A company is an independent legal entity, separate from its shareholders and directors. The directors have day to day control over the management and running of the company, and usually therefore access to bank accounts and statements (though in larger companies this may be restricted to certain directors). Shareholders have ultimate control of the company by way of a General Meeting but ordinarily do not in that capacity have access to bank accounts and

We refer you to our Practice Note: Legal rights—Scotland, which explains the forced heirship rules that apply in Scotland and how these rights apply differently according to whether the deceased made a Will or died intestate. This Practice Note explains that legal rights apply to the deceased’s net moveable estate in Scotland, elsewhere in the UK and situated abroad. Legal rights do not apply to heritable property (defined as land, things built or growing on land, rights connected with or affecting land and rights

A Multi Agency Risk Assessment Conference (MARAC) is a meeting convened with the aim of protecting an adult victim of domestic abuse. Typical attendees at a MARAC will include representatives of the police, children’s services, and housing officers who will share information and assess the best way forward to protect the victim and any relevant children from the alleged perpetrator. Typically, the victim does not attend the meeting but instead is represented by an independent domestic violence advisor. Actions in respect of accommodation that may result from a MARAC include finding a place in a refuge for the victim or the sourcing of alternative council accommodation

We have assumed for the purposes of this Q&A that ‘the royal charter’ means a royal warrant of appointment in relation to companies or tradespeople who supply goods and services. The warrant enables the supplier to advertise the fact that they supply to the royal family. This Q&A covers the consequences for someone who misrepresents that they have been awarded such a royal warrant of appointment. This Q&A focusses on: • claims in misrepresentation against a supplier who misrepresents that they have the benefit of a warrant of appointment • the consequences under the Trade Descriptions Act 1968 (TDA 1968) for misuse of a royal warrant of appointment, and • unfair commercial practices Misrepresentation This may be relevant in relation to a party’s relations with third parties where the party has misrepresented that they have a royal warrant of appointment. A claim for misrepresentation arises where

There are various Immigration Rules governing whether a person’s leave may be cancelled outside the UK, or at port. In this situation (depending on the circumstances), some relevant provisions could relate to whether the person has stopped studying/sponsorship has been withdrawn or they have otherwise have ceased to meet the requirements of the Immigration Rules under which entry clearance or permission was granted as a Student, or whether they have breached the conditions of their existing permission (such as engaging in business activity; see Sponsorship duties (Self-employment and engaging in business activity). For specific considerations that will apply to persons with leave as a Student, see the section: ‘cancellation or curtailment

The impact on existing Student permission depends on two key factors: • was the Skilled Worker application ‘valid’, and • at the time of withdrawal, was the applicant’s permission to be in the UK as a Student still valid? What makes a Skilled Worker application valid? The validity requirements for a Skilled Worker application are in the Immigration Rules, Appendix Skilled Worker, paras SW1.1–SW.1.6. The relevant validity considerations may be: ‘SW 1.1: The correct application form must have been used, this differs whether you are inside or outside the UK. SW 1.2: Applicants must have paid any Immigration Health Surcharge, provided biometrics, provided a document satisfactorily establishing their identity and be in possession of a certificate of sponsorship that was issued no more than three months before the date of the application. SW 1.3: The applicant must be aged 18 or over on the date

In accordance with the Companies (Company Records) Regulations 2008, SI 2008/3006 a company may keep company records referred to in the provisions listed in section 1136(2) of the Companies Act 2006 (CA 2006) available for inspection at one location other than its registered office. That location must be notified to the registrar of companies. However, if the company

In order to determine what, if any, recourse the individual has in circumstances where they are dismissed following strike action not going ahead, it will be necessary first to establish: • what the reason for their dismissal is • whether they are an ‘employee’ for the purposes of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), or some other kind of ‘worker’ An ‘employee’ is defined as ‘an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment’. The definition of 'worker' is different from that in section 230(3) of the Employment Rights Act 1996. In this context, it is as an individual who works, or normally works or seeks to work: • under a contract of employment • under any other contract whereby they undertake to do or perform personally any work or services for another party to the contract who is not a professional

The terms agreed could be set out either in a consent order or a Tomlin order. Consent order A consent order will contain all the terms agreed by the parties in the body of the order. They are used to record: • the terms of a compromise when a claim is settled, and • the agreement of the parties in respect of certain interim matters Legally represented parties can agree to the terms of a consent order for the payment of money (among other things) without the court’s approval, provided the requirements as to form set out in CPR 40.6(7) are satisfied, which are that the order

Definitions The Town and Country Planning (Use Classes) Order 1987 (UCO 1987), SI 1987/764 puts uses of land and buildings into various categories known as 'use classes'. See Practice Note: Operation of the Use Classes Order in Wales. The Schedule states: 'Class A1. Shops Use for all or any of the following purposes— (a) for the retail sale of goods other than hot food… …where the sale, display or service is to visiting members of the public.' For further information, see: • The Classes of TCP (Use Classes) Order 1987: Butterworths Planning Law Service [398]–[399] The term ‘retail’ and ‘shop’ have been considered by the courts in various circumstances (for example, see Cawley v Secretary of State for the Environment)

This issue was considered by the Court of Appeal in Engeham, a case in which the conditional fee arrangement (CFA) was based on the Law Society 1995 model wording. It was held that where the win clause requires, in its definition, that damages be paid by a specified defendant then whether there is a win will be determined

The Court of Appeal in its amended judgment in Simmons v Castle in 2012 held that the 10% increase in general damages in all civil claims decided after 1 April 2013 would not apply to cases funded by way of a pre-commencement funding arrangement. Prior to 1 April 2013, a number of cases funded by Legal Aid were reconsidered by the solicitors dealing with the cases given the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the impact that this would have on Legal Aid funding. In some case, the Legal Aid funding was discontinued and a conditional fee agreement (CFA) entered into instead prior to 1 April 2013 when the act came into force. A number of cases have come before the courts in which the defendants at the detailed assessment stage have sought to argue that the change to a CFA was not reasonable and costs judges