Where a charity is established as a trust, the fact that its properties, investments and contracts are vested in the individual trustees means that all those assets have to be assigned or novated each time the composition of the body of trustees changes (eg on death, retirement, or the appointment of a new trustee). One way to avoid this process is for the charity trustees to incorporate themselves as a body corporate under Part 12 of the Charities Act 2011 (CA 2011). This allows the charity’s assets to be vested in a perpetual, corporate trustee, whilst individual trustees continue to be appointed and removed in the usual way and continue to administer the charity with the same powers and duties as before. Incorporation of trustees is available to all charities, including those which are exempt or excepted from registration with the Charity Commission (the Commission). If the Commission receives an application from a charity which is not registered but which the Commission believes ought to be, the Commission will require registration to be undertaken before

This Practice Note considers the ways in which post-termination restrictions (ie restrictive covenants) may be introduced into the contract of employment: before the start of employment, during employment (including by dismissal and re-engagement, also known as fire and rehire) and on termination. It also considers the effect of a TUPE transfer on post-termination restrictions. For a post-termination restriction to be enforceable by the employer, it first has to be a contractual term; that is, incorporated into a contract between the employer and employee. This will usually be the contract of employment, but may in some cases be a separate collateral contract (see Practice Note: Restraint of trade in employment—Indirect forms of restraint). Post-termination restrictions will often be introduced at the start of employment but may also be introduced at a later stage. The usual contractual requirements will apply, namely offer, acceptance and valid consideration. Introducing post-termination restrictions before the start of employment The most straightforward method of introducing post-termination restrictions is to do so before a contract of employment is agreed between the parties. At the time

An intangible property right in land.

In Thorpe v Revenue and Customs Commissioners, the Court of Appeal held that the Revenue and Customs Commissioners had been correct to say that the entire pension fund had been held to be applied for the purposes of the scheme immediately before the moment by reference to which the approval of the scheme had been withdrawn. The rule in Saunders v Vautier (whereby all the beneficiaries of a trust may if agreed discharge the trust) did not apply, so that HMRC could impose a tax charge.

Pensions analysis: The Pensions Ombudsman has upheld a complaint about the provision of incorrect information. Martin Scott of gunnercooke LLP looks at the decision

Pensions analysis: The Pensions Ombudsman has partially upheld a complaint about the payment of an early retirement pension. Martin Scott of gunnercooke LLP looks at the decision.

Pensions analysis: The Deputy Pensions Ombudsman has partially upheld a complaint about the reduction to a spouse’s pension. Martin Scott of gunnercooke LLP looks at the decision.

An abbreviation of 'International Commercial Terms'—a set of globally recognised terms and conditions used in international, and sometimes domestic, contracts for the sale and purchase of goods.

What are Incoterms and what is their origin? Incoterms—an abbreviation of 'International Commercial Terms'—are a set of globally recognised terms and conditions used in international, and sometimes domestic, contracts for the sale and purchase of goods. They comprise a set of 11 three letter acronyms/abbreviations each representing a different set of provisions dealing with the allocation of duties, costs and risks in a sale and purchase contract. The International Chamber of Commerce (ICC) publishes a set of rules for the interpretation of Incoterms explaining the meaning of each of the terms. These rules were first published in 1936 and are updated periodically to reflect changes in trade practices. In September 2019, the ICC published the latest version, Incoterms 2020, which came into effect on 1 January 2020 (although the 2020 rules could have been incorporated into contracts before that date, if the parties so wished). For the full text of the 2020 version of these rules, see Practice Notes: • Incoterms® 2020—introduction • Incoterms® 2020 Rules—EXW Ex works • Incoterms® 2020 Rules—FCA Free Carrier • Incoterms® 2020 Rules—CPT

ARCHIVED: This Practice Note has been archived and is not maintained. For the 2020 version of the rule, see: Incoterms® 2020 Rules—CFR Cost and freight The ICC publications are produced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. Incoterms® 2010 rules were replaced by Incoterms® 2020 rules with effect from 1 January 2020. For the CFR Incoterm applicable from 1 January 2020, see Practice Note: Incoterms® 2020 Rules—CFR Cost and freight. CFR (insert named port of destination) Incoterms® 2010 Guidance note This rule is to be used only for sea or inland waterway transport. ‘Cost and Freight’ means that the seller delivers the goods on board the vessel or procures the goods already so delivered. The risk of loss of or damage to the goods passes when the goods are on board the vessel. The seller

ARCHIVED: This Practice Note has been archived and is not maintained. For the 2020 version of the rule, see: Incoterms® 2020 Rules—CIF Cost insurance and freight The ICC publications are produced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. Incoterms® 2010 rules were replaced by Incoterms® 2020 rules with effect from 1 January 2020. For the CIF Incoterm applicable from 1 January 2020, see Practice Note: Incoterms® 2020 Rules—CIF Cost insurance and freight. CIF (insert named port of destination) Incoterms® 2010 Guidance note This rule is to be used only for sea or inland waterway transport. ‘Cost, Insurance and Freight’ means that the seller delivers the goods on board the vessel or procures the goods already so delivered. The risk of loss of or damage to the goods passes when the goods are on board

ARCHIVED: This Practice Note has been archived and is not maintained. For the 2020 version of the rule, see: Incoterms® 2020 Rules—CIP Carriage and insurance paid to The ICC publications are produced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. Incoterms® 2010 rules were replaced by Incoterms® 2020 rules with effect from 1 January 2020. For the CIP Incoterm applicable from 1 January 2020, see Practice Note: Incoterms® 2020 Rules—CIP Carriage and insurance paid to. CIP (insert named place of destination) Incoterms® 2010 Guidance note This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. ‘Carriage and Insurance Paid to’ means that the seller delivers the goods to the carrier or another person nominated by the seller at