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Q&As
1. Is a surety that pays out to a landlord entitled to a contribution from their co-surety? Unless the guarantors have agreed otherwise, a guarantor which has paid more than its share of the guaranteed indebtedness has the right to claim a contribution from its co-guarantors (Dering v Winchelsea (Earl)). This right entitles the guarantor that has made the payment to contributions from its co-guarantors in relation to the excess amount it has paid under the guarantee. For more information on the right of contribution and when it arises, see Practice Note: Guarantees from multiple guarantors. 2. Can a landlord unilaterally release one co-surety, where the co-sureties are jointly and severally liable, so that the landlord is free to pursue
Q&As
On 23 October 2020, the Chair of the Local Government Association’s (LGA) Safer and Stronger Communities Board, Nesil Caliskan, made a statement on the tools councils should have to mitigate the spread of coronavirus (COVID-19). Caliskan felt that councils should be able to take ‘rapid action’ against businesses failing to implement safety measures, and he ‘look[s] forward to hearing more details…over the coming days’. See: LGA seeks tools to combat businesses
Q&As
This Q&A assumes that the trust corporation is a company incorporated and registered in the UK under the Companies Act 2006 (CA 2006). The procedure for the allotment and issue of shares by a company incorporated under CA 2006 is governed by CA 2006. The procedure differs according to the type of company that is proposing the allotment and on matters including whether that company has a single class of shares or multiple classes of shares in issue. For
Q&As
A Lasting Power of Attorney (LPA) which is to be limited to decisions relating to the donor's sole trader unincorporated business could include a number of specific powers, many of which would depend on the circumstances, but one or more of the following powers may be appropriate: • Clause providing for the attorney to carry on the donor's business: Encyclopaedia of Forms and Precedents [69] • Clause providing for the attorney to sell the donor's business: Encyclopaedia of Forms and Precedents [70] • Clause providing
FLOWCHARTS
Presenting a professional, attractive and accurate proposal document is vital if you are to have any
NEWS
Law360: Approximately one in ten retirees aged 55 and older who withdrew money from their pension before retirement said they regretted doing so, a retirement savings company said on 10 June 2024.
GLOSSARY
means an energy system where all the energy used is sourced from Renewable Energy Sources.
NEWS
Law360: The Eleventh Circuit on 4 April 2025 revived a defunct aircraft maintenance company's trade secret case against Boeing amid a long-running contract dispute and allowed the company to pursue damages for unjust enrichment after finding it wouldn't be duplicative of the US$2.1m jury award it won at trial in 2020 for its breach of contract claims.
NEWS
In an unexpected development, the Home Office has published today (29 February 2024) 12 of the 14 inspection reports completed by the previous Independent Chief Inspector of Borders and Immigration, David Neal, whose appointment was terminated on 20 February 2024. Home Office responses to the reports have also been published.  Seven of the reports were submitted to the Home Secretary more than six months ago.
GLOSSARY
A 130/30 fund uses financial leverage by shorting poor performing stocks and buying shares that are expected to have high returns.
Q&As
This response does not consider the liability of the remainderman or trustees to UK tax. When taxpayers are uncertain as to the accuracy or completeness of some part of the tax return, they should complete the tax return on the basis that appears most appropriate and should include full details of the points on which they are uncertain in the additional information boxes (ie the 'white space'). It is understood that if they do this and the tax return is checked at a later stage, they will not be penalised if they were
NEWS
The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 163rd Practice Direction (PD) updates to the Civil Procedure Rules. The 163rd update includes: updates to forms (N19 (limited CRO), N19A (extended CRO) and N19B (general CRO) which are annexed to the PD 3C; various amendments are made to the Fixed Recoverable Costs Regime (FRC) following the MoJ’s consultation and post implementation points; amendments to bring the Administrative Court within the scope of the E-Working Pilot Scheme, PD 51O and to extend the pilot as a whole until 1 November 2024; housekeeping amendments to appeals to the Court of Appeal, PD 52C; amendments to PD 52D that address a gap in the CPR regarding the time limit for appeal to the Court of Appeal from the Investigatory Powers Tribunal; updates to PD 54A and PD 54D relating to acknowledgment of service in judicial review proceedings; and, an amendment to PD 57AC which adds pension rectification claims to the list of exemptions from the requirements of PD 57AC.