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Proceedings for judicial separation will generally be commenced where: • one of the parties to the marriage has objections, often religious, to obtaining a divorce, or • the parties have not been married for one year The rules relating to judicial separation proceedings are to be found in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7 and the supplemental FPR 2010, PD 7A. A judicial separation petition does not dissolve the marriage but a party may want the court to exercise its powers in relation to financial matters. What financial orders can be made in judicial separation proceedings? The following financial orders can be made in judicial
Q&As
This Q&A considers obligations under the SRA’s regulatory regime and assumes the request to see the client account ledger has not been framed as a data subject access request. For more guidance on data subject access requests, see Practice Note: How to handle data subject requests. Firms regulated by the SRA must keep and maintain accurate, contemporaneous and chronological records to record in client ledgers (identified by the client’s name and an appropriate description of the matter to which they relate) all receipts and payments which: • are client
Q&As
Looking in turn at shared parental leave and shared parental pay: Shared parental leave It is not necessary for the mother to return to work (or intend to return to work) in order for the father or partner to be entitled to shared parental leave. This is because of the way the eligibility criteria for shared parental leave work, as set out below. The right to shared parental leave is potentially available to two persons: • the mother (or expectant mother) of the child in relation to whom the entitlement to shared parental leave arises, and • a second person, who may be: ◦ the father of the child, or ◦ a person who, at the date of the child's birth, was: ‣ married to the mother, or ‣ the mother's civil partner, or ‣ the mother's 'partner'. 'Partner' in this context means a person
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The legislative framework for members’ allowances is contained in the Local Government and Housing Act 1989, the Local Government Act 2000 and the Local Authorities (Members’ Allowances)(England) Regulations 2003, SI 2003/1021. Local authorities must establish a members’ allowances scheme that provides for the payment of a basic allowance, which is intended to recognise the time commitment of all members, including such inevitable engagements as meeting with officers and constituents and attendance at political group meetings. It is also intended to cover incidental costs such as the use of their homes. The scheme may also include:
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To be capable of being contracted out from the security of tenure given to business tenants under Part II of the Landlord and Tenant Act 1954 (LTA 1954), a lease must be for a term of years certain. A lease for a term of years certain (which is also known as a lease for a ‘term of years’ or for a ‘term certain’) may include an option for one or both parties to determine the lease before the contractual expiry date. In relation to a lease for a term of years, Halsbury’s Laws of England states that: ‘The duration of the term must be fixed either by
Q&As
General Law It is not an absolute requirement of the law that customers be notified via a recorded message at the start of a call that their telephone call is being recorded. However, customers should be informed of the recording policy and it is likely to be good practice to inform them at the start of a call, whether by a recorded message or otherwise. The recording of telephone calls is governed by a number of different pieces of UK legislation. The main statutory provisions are the Regulation of Investigatory Powers Act 2000 (RIPA 2000), and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (Lawful Business Practice Regulations), SI 2000/2699, which were enacted under RIPA 2000. The Data Protection Act 2018 (DPA 2018) and Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) are also relevant. RIPA 2000 in general prohibits
Q&As
By describing the rental property as a ‘house’, the Q&A suggests that it is a residential property that is being rented out to a company, but this Q&A will also briefly address the requirements that apply to a commercial non-domestic property that is rented out. The Minimum Energy Efficiency Standards (MEES) were introduced in March 2015 by the Energy efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations), SI 2015/962. The MEES Regulations are designed to tackle the least energy efficient properties in England and Wales, namely those rated F or G on their Energy Performance Certificate (EPC). The MEES Regulations do not draw a distinction between different types of landlords. Therefore, properties let by local authorities, public bodies, companies or private individuals will all be covered by the MEES Regulations. Similarly, the definition of a tenant covers both a person or company to whom a tenancy is granted. The MEES requirements for domestic private
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A community interest company (CIC) is a type of limited liability company formed specifically for the purpose of carrying on business for social purposes or to benefit a community. A CIC may be a private company limited by shares, a public company limited by shares or a private
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Can a company grant an assured shorthold tenancy? We are not aware of any authority which prevents a company from granting an assured shorthold tenancy (AST). The Housing Act 1988 (HA 1988) specifies
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The Companies Act 2006 (CA 2006) contains provisions for a company's directors to apply to Companies House to be struck off the register of companies and dissolved (for instance if the company is no longer in business or has fulfilled the purpose for which it was incorporated). It is a low-cost and simple procedure, but should only be undertaken where the company is solvent and there are no actual or contingent claims or other matters which the company will struggle to resolve prior to dissolution. In more complicated circumstances, a members' voluntary liquidation may be more suitable. If the company is dissolved while it owns or has an interest in property, that property will be deemed to be bona vacantia and will pass to the Crown. To avoid this, it is important for the company to fully investigate and identify its assets and transfer all assets prior to dissolution. A company may have
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Regulation 25(1) of the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 (SI 2015/17) requires every company to disclose the particulars set out in Regulation 25(2) in its business letters, order forms and websites, including, among other things: • the part of the UK
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Generally, a company is required under the Companies Act 2006 (CA 2006) to issue a share certificate: • within 2 months after the allotment of shares, and • within 2 months after a transfer of shares is lodged with the company unless the conditions of issue of the shares provides otherwise. A company is not required under the CA 2006 to issue a new or duplicate share certificate