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

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.

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

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

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

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

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

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,

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

The right to forfeit provides the landlord with an option to determine the lease. The right must either be provided for expressly in the lease or must relate to a breach of an express or implied term which is so fundamental that it provides the landlord with the right to forfeit in any event. Once the right to forfeit has arisen, a landlord must make the decision to either forfeit the lease or waive the breach. Waiver is doing or committing any act which, either expressly or impliedly, recognises the continuing existence of the lease. The question of whether or not the landlord intended to waive the breach

Overriding interests Overriding interests are interests in property which amount to an exception to the general rule that in respect of registered land, any interest or right must be registered in order to bind a purchaser. They are interests to which a registered title is subject, even though they do not appear on the register. The interest must be proprietary in nature. They are binding both on the registered proprietor and on a person who acquires an interest in the property. The interests which are currently capable of overriding first registration or a disposition of registered land are set out in Schedules 1 and 3 to the Land Registration Act 2002. They are a modification of the interests formerly set out in section 70(1) of the Land Registration Act 1925. For present purposes, the only overriding interest of relevance is the interest of a person in actual occupation of land. This is because such an interest is likely to be an equitable interest. Equitable

When a company acquires property from a connected person stamp duty land tax (SDLT) is generally charged by reference to the market value of the property acquired (rather than the chargeable consideration) unless an exception or a relief applies. Where there is: • a land transaction between a vendor and a purchaser which is a company • the vendor and purchaser are connected (connected for these purposes is set out in section 1122 of the Corporation Tax Act 2010 (CTA 2010)), or • all or part of the consideration for the land transaction