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The obligations under the right to rent scheme apply to all affected tenancies outlined in Practice Note: Residential tenancies—a tenant's right to rent under the Immigration Act 2014, unless the tenancy is an excluded one listed in Schedule 3 to the Immigration Act 2014 (IA 2014), as referred to in the same Practice Note. You will note that social housing—as defined in IA 2014, Sch 3—is excluded. So it will depend on whether the particular tenancy falls within the definition of social housing in IA 2014, Sch
Q&As
As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement. Exit day marked the start of an 11-month transition/implementation period during which the transitional arrangements under Part 4 of the Withdrawal agreement applied. The transition period was effectively a standstill period intended to maintain the legal status quo while the UK and the EU negotiated an agreement on their future relationship. The European Commission described the implementation period as ‘business as usual’ in the EU and the UK. The transition period ended on 31 December 2020 (referred to in UK law as IP completion day). For background reading on the Withdrawal Agreement and associated transitional arrangements, see Practice Note: Brexit—introduction to the Withdrawal Agreement and Q&A: In the context of Brexit, what is meant by the ‘transition or implementation period’? The Withdrawal Agreement was implemented in UK law by the European
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A buyer will often attempt to include in a share purchase agreement or asset purchase agreement a provision which states that the buyer's actual knowledge of a matter that could give rise to a warranty claim or its advisers' knowledge (the buyer's constructive imputed knowledge) of such matter will not affect its ability to bring a warranty claim. A buyer will be keen to include such provision as it will not have complete control over the information which is provided to its officers, employees or advisers or may have required its advisers to produce a limited due diligence report which 'reports by exception' rather than cover all information disclosed. For an example of such provision, see clause 8.7 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form. However, a seller will be keen to prevent the buyer from bringing a warranty claim if it has knowledge of the facts, matter
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We are not aware of a specific authority which has considered equitable bars to rescission in relation to claims under the Sale of Goods Act
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This Q&A assumes that the company in question is a private company limited by shares governed by English and Welsh law and incorporated under the Companies Act 1985 (CA 1985) (or previous legislation). Under CA 1985, it was possible to entrench provisions in the memorandum of association and make them unalterable. However, with effect from 1 October 2009, the memorandum of association became a prescribed short-form statement by the subscribing shareholders that they intend to form a company.
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The Education Act 1996 and the The Education (School Day and School Year) (England) Regulations 1999 impose regulations on schools which provide that they must operate for at least 380 sessions or 190 days per year. However, this obligation only relates to schools maintained by a local authority. The
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What is the legal status of an academy? Academy schools are defined in section 1A of the Academies Act 2010 (AcA 2010). Academy schools are technically defined as independent schools, but this independence is from their local authority, not from the state. An academy school's funding comes from the Secretary of State and is regulated by a funding agreement negotiated with the Department for Education (DfE) or the Education Funding Agency. Academy schools can be special academies if their pupil intake consists entirely of children with statements of special educational needs. There are also alternative provision academies, defined in AcA 2010, s 1C. They are 'schools' (see section 4(1C) of the Education Act 1996 (EA 1996)) and are roughly equivalent to the maintained-sector pupil referral units. The third category of academy is the 16 to 19 academy, defined in AcA 2010, s 1B and excluded from the definition of a 'school' by EA 1996, s 4(1B). Note that an academy
Q&As
Entitlement to a deceased individual’s estate on intestacy follows the prescribed order of priority set out in section 46 of the Administration of Estates Act 1925 (AEA 1925). In particular, a minor (who is not married or in a civil partnership) will only inherit in an intestacy situation if at least one of their parents has died (eg on their parent’s, grandparent’s or remoter relative’s death). On intestacy, a minor beneficiary’s entitlement is held on statutory trusts as set out in AEA 1925, ss
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When it comes to protection from suffering detriment in employment, Part V of the Employment Rights Act 1996 (ERA 1996) provides that in relation to certain types of detriment claim an individual must have ‘employee’ status in order to be protected, and in relation to others individuals with ‘worker’ status are protected. Those who are genuinely independent contractors are excluded from protection. Under ERA 1996, 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’. For further information, see Practice Note: Employee status. It will be a question of fact in each case whether an agency worker is an ‘employee’ for the purposes of those detriment claims for which employee status is required. Individuals who work through employment agencies are often not categorised as employees of either their agency or the end user. This is because they are not actually
Q&As
A deed of adherence is a standard form document by which new shareholder(s) in a company agree to become bound by the terms and conditions of an existing shareholders’ agreement as if party to it. The new shareholder(s) may be acquiring shares by way of a transfer from an existing shareholder or subscribing for new shares in the company. It
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For the purposes of this Q&A, it is assumed that the relevant partnership is a limited partnership established in England under the Limited Partnerships Act 1907 (LPA 1907). Under LPA 1907, the partners of a limited partnership consist of the following: • one or more persons called general partners who are jointly and severally liable for all debts and obligations of the partnership, and • one or more persons called limited partners The requirement of certain partners to contribute capital to a limited partnership will vary depending on if the partnership is or is not designated under LPA 1907 as a private fund limited partnership (PFLP). For details on the introduction of the concept of PFLPs into the limited partnership legislative regime,
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Not all transactions between the same purchaser and seller are linked. Transactions are linked if they are part of a single scheme, arrangement or series of transactions between the same seller and buyer (or persons connected with them). It is a question of fact whether two or more transactions