Section 97(2) of the Children Act 1989 (ChA 1989) prohibits the publication of any material which is intended, or is likely, to identify any child involved in any proceedings under ChA 1989, or an address or school as being that of a child involved in such proceedings. The prohibition is not an absolute prohibition. The case of Clayton v Clayton remains an authority in confirming that the prohibition under ChA 1989, s 97(2) comes to an end once proceedings conclude. However, as noted by Sir Mark Potter P at para [78] of the judgment in Clayton: ‘The fact that the provisions of s.97(2) of the 1989

Prohibition of public offers by private company (Companies Act 2006, Part 20, Chapter 1) Under the section 755(1) of the Companies Act (CA 2006), a private limited company must not: • offer to the public any securities (ie shares or debentures) of the company, or • allot or agree to allot any securities of the company with a view to their being offered to the public Furthermore, CA 2006, s 755(2) confirms that, unless proved otherwise, an allotment or agreement to allot securities will be presumed to be made with a view to their being offered to the public if an offer of the securities (or any of them) to the public is made: • within six months after the allotment or agreement to allot, or • before the receipt by the company of the whole of the consideration to be received by it in respect of the securities CA 2006, s 755 will not be contravened where a private company either: • acts

The rules governing service of a divorce petition within the jurisdiction are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 and the supporting FPR 2010, PD 6A and FPR 2010, PD 6C. After an application for a matrimonial order has been issued by the court, a copy of it must be served on the respondent (FPR 2010, SI 2010/2955, 7.8(1)). The application cannot proceed, unless the district judge is satisfied that a copy of the petition has been duly served on the respondent. An application may be served by personal service (FPR 2010, SI 2010/2955, 6.7), by first class post (or other service which provides for delivery on the next business day in accordance with FPR 2010, PD 6A or where FPR 2010, SI 2010/2955, 6.11 applies, document exchange (FPR 2010, SI 2010/2955, 6.4). In

This Q&A covers business-to-business simple contracts (not deeds) for goods or services entered into by persons within England & Wales for (UK incorporated) companies based in the jurisdiction. For purposes of this Q&A, it is assumed that there are only two parties to the agreement, no foreign or conflict of law issues apply and that the contracts and their formation are exclusively governed by English law and solely enforced in the English courts. This Q&A looks at the situation where it is proposed that two signatories sign a contract

Unlike a standard residential transaction the auction contract is binding as soon as the price is agreed and the hammer falls. The buyer must pay 10% of the agreed sales price immediately with the balance due on completion. If the property being sold is leasehold, it is usual that completion is

In answering this Q&A, we assume that your main objective in putting in place some kind of buffer lease(s), is to mitigate the effects of the residential tenants’ rights under the Landlord and Tenant Act 1987 (LTA 1987) and the collective right to manage. Does the developer need to include the main

Under section 190 of the Companies Act 2006 (CA 2006), a company may not enter into a substantial property transaction with: • a director of the company, or • a person connected with a director of the company unless it is approved by the members of the company or it is conditional upon such approval being obtained, subject to certain exceptions. The approval of the members of a company or a company’s holding company may be given by ordinary resolution, subject to the provisions of the articles of association of the company in question, which

Paragraph L4.3 of the Workers and Temporary Workers: guidance for sponsors, Part 1: Apply for a license goes further than stating that each key personnel ‘must be based in the UK’. The full text actually states (emphasis added) that 'each of your key personnel must be based in the

Under the non-statutory scheme for naming employers who fail to pay the national minimum wage, the employer has 14 days from the date of the HMRC case closure letter to make written representations to the Department for Business, Energy and Industrial Strategy (BEIS) outlining whether they fall under any of the ‘exceptional circumstances’ for not being named under the scheme. The exceptional circumstances are: • naming by BEIS carries a risk of personal harm

Enforcing rights Under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 12(1) states: 'The principal shall supply his commercial agent with a statement of the commission due, not later than the last day of the month following the quarter in which the commission has become due, and such statement shall set out the main components used in calculating the amount of the commission'. The regulations provide that the agent should 'demand that he be provided with all the information…' (SI 1993/3053, reg 12(2)). The normal remedy for default is damages for breach of contract. However, as no loss is likely to be sustained this remedy would be inappropriate. For further information, see Practice Note: Relationship of principal and agent—Remedies for default. Specific performance would be a more appropriate remedy and is ordered

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 permit reliance on third parties for compliance with due diligence measures, subject to very specific conditions–see Practice Note: Money Laundering Regulations 2017—reliance—law firms. This is separate to the new provisions set out for Authorised Corporate Service Providers (ACSPs) under the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). Further details on the ACSPs are emerging (see: Companies House outlines new registration

The Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609 came into force on 18 December 2020 in exercise of the powers conferred by the Public Health (Control of Disease) Act 1984, and expire at the end of the day on 26 November 2021. The purpose of the Regulations are to set out various provisions and restrictions arising out of the coronavirus (COVID-19) pandemic. The Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609, Pt 3 (SI 2020/1609, reg 5) sets out the requirement for a person to isolate where a person tests positive for coronavirus or has close contact with such a person. ‘Close contact’ is defined by SI 2020/1609, reg 5(1) as meaning contact that a contact tracer considers may lead to a risk of infection or contamination with coronavirus,