Depending on the type of amendment being made, amending a charge carries several risks. In particular, a liquidator or administrator could argue that new security has been created, which may result in the security being set aside. As a result, it is often seen as safer to put a new security document in place and leave the existing security un-amended. In addition, as you have rightly indicated, changing the terms of a fixed charge could risk it being re-characterised as a floating charge. Please see our Practice Note: Fixed and floating charges for more information. In the event an existing charge is extended to new or replacement facilities, then it is likely that a new charge is created and must be registered, unless the original charge

If one of the three beneficiaries of a property gifted under a Will agrees to buy out the other two beneficiaries, the responsibility for transaction costs, including legal fees, will depend on the specific agreement reached between the beneficiaries. Generally, the beneficiary who is acquiring the property and paying consideration to the other beneficiaries would bear the costs associated with the transaction. There are also possible tax issues arising

Section 3 of the Inheritance and Trustees’ Powers Act 2014 provides: ‘3 Definition of “personal chattels” (1) For paragraph (x) of section 55(1) of the Administration of Estates Act 1925 (definitions) substitute— “(x) Personal chattels” means tangible movable property, other than any such property which— consists of money or securities for money, or was used at the death of the intestate solely or mainly for business purposes, or was held at the death of the intestate solely as an investment:". (2) If a will or codicil containing a reference to personal chattels defined (in whatever form of words) by reference to section 55(1)(x) of the Administration of Estates Act 1925 was executed before the coming into force

For information on workplace issues in light of the fast-changing position in relation to coronavirus (COVID-19), see Practice Note: Coronavirus (COVID-19)—issues for employers [Archived]. For information on the doctrine of frustration generally, see: • Practice Note: Distinguishing dismissal from other forms of termination, in particular the section titled: Operation of law, including frustration • Harvey AII[402]–[406.02]: Frustration The doctrine of frustration is one instance of termination by operation of law: where, without the fault of either party, some supervening event occurs which was not reasonably foreseeable at the time when the contract was made, and which renders further performance of the contract either totally impossible or something radically different from what the parties bargained for, then the contract is forthwith discharged by operation of law. The superseding event must be one that was unforeseen and not catered for in the contract. The precise terms of each contract must therefore be considered in order to ascertain which circumstances were, or

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease of the same property to someone other than the occupational tenant, it will take effect as a concurrent lease or as a lease

See Practice Note: Keeping planning permission alive which makes reference to other issues relevant to Planning Conditions and Implementation. Pre-commencement conditions are also sometimes known as 'Conditions Precedent'. This is a complicated area of Planning Law and the substantial body of case law which has been generated in connection with this topic illustrates the difficulties which sometimes arrive both for developers wishing to implement planning permissions and for Local Planning Authorities in determining whether planning permissions are extant. All pre-commencement conditions need to be satisfied and it is usual for planning permissions to be granted subject to standard conditions which require the development to be commenced or implemented within a specified time period, typically three years from the date of permission. If development has not been commenced within a specified time period the permission

For information on what is a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, see Practice Notes: • TUPE—business transfers, and • TUPE—service provision changes Who transfers under TUPE Where there is a relevant transfer, subject to an employee's right to object to the transfer, the contracts of employment of those employees employed by the transferor and 'assigned to the organised grouping of resources or employees that is subject to the relevant transfer', and which would otherwise be terminated by the transfer, automatically transfer to the transferee and have effect after the transfer as if originally made between the employee and the transferee. The reference to a person employed by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant

This question raises the interplay between private law rights and obligations affecting land and the statutory rights and duties which exist between landowners and telecommunications operators under the Electronic Communications Code (Schedule 3A, Part 1 to the Communications Act 2003, as inserted by the Digital Economy Act 2017) (the Code). The former flow in this context from any restrictive covenants which bind the land while the latter are to be found in the Code. The starting point is that a Code right in respect of land may only be conferred on an operator by an agreement between the occupier of the land and the operator (para 9 of the Code). Provision is made for successors in title and those whose interests are subsequently created out of the occupier’s

Key changes were made in relation to the right to receive a written statement of particulars of employment, with effect from 6 April 2020, by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, SI 2018/1378. One of these is that additional prescribed details must be given in the statement itself, namely: • in relation to hours of work, particulars of the days of the week the worker is required to work and whether or not such hours or days may be variable and, if they may be,

There are two separate types of notice which can be entered in the charges register of a property. These are an agreed notice and a unilateral notice. They are entered to protect interests affecting the registered estate or charge. An agreed notice, as it suggests, is entered into with the agreement of the registered proprietor to protect an interest the validity of which is not in dispute or which has been established. A unilateral notice is entered into to protect an interest without the agreement of the registered proprietor of the estate or charge affected by it but without the validity of the interest being accepted or established. In many cases, the validity of that interest may be contested and the registered proprietor may apply for the cancellation of the unilateral notice. Not all interests are capable of protection by notice. Those which are not include overriding interests

If the beneficiaries are refusing to give details to enable the transfer of the assets, the executor can sell the asset and distribute the funds to the beneficiaries if this is possible to do without the information. This is subject to two very important points. First, the terms of the Will. If the beneficiaries are residuary beneficiaries, the assets can be sold if they cannot be transferred due to the lack of co-operation (and if the executors can do so without the information). However, if the Will provides for the beneficiaries to receive those specific assets, it would be prudent to apply to the court for guidance (see below). Secondly, the correspondence between the executor and the beneficiaries would need to illustrate the lack of co-operation

Where property is purchased in the joint names of two or more co-owners, a statutory ‘trust of land’ arises. The joint owners will hold the legal interest as joint tenants. The beneficial interest will be held on trust for themselves either as: • joint tenants, or • tenants in common See Practice Note: Buying property from a sole surviving co-owner for more information. It is not clear whether the order for sale has arisen following: • an application by a person with an interest in a property subject to a trust of land (for example a mortgagee) under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) for an order for sale (see: The power to order a sale: Fisher and Lightwood's Law of Mortgage [31.14]), or • a charging order held over a beneficial interest,