Refine By
Clear all filter
About 92220 results for "*"
Q&As
Part II of Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972) incorporates the UN Convention on Recovery Abroad of Maintenance signed in New York on 20 June 1956 and provides for the finalising of an application for maintenance in a reciprocating country of an originating claim from outside that country. In other words, the provisions are not a means of enforcement of an existing order, but for the finalisation of a maintenance order in one country where the debtor is residing (or whether the debtor is subject to the jurisdiction of the reciprocating country) where the process has begun in another. Once made, the maintenance order can be enforced by registration in the country in which the order was made. Improved arrangements for the application of MO(RE)A 1972, Pt II to the US were introduced by the Recovery of Maintenance
Q&As
Building Regulations The Building Regulations 2010, SI 2010/2214 (the Building Regulations) apply to building work as defined in the Building Regulations, SI 2010/2214, reg 3, which includes ‘the erection or extension of a building’. The Building Regulations, reg 4(1) stipulates: ‘…building work shall be carried out so that— (a) it complies with the applicable requirements contained in Schedule 1…’ The Building Regulations, Sch 1, Pt B contains requirements in relation to fire safety, such as: ‘…a building must be designed and constructed so that there are appropriate provisions for the early warning of fire, and appropriate means of escape in case of fire…’ Regulatory Reform (Fire Safety) Order 2005 The Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 (FSO 2005) makes provision in relation to fire safety in non-domestic premises. FSO 2005,
Q&As
The Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), SI 2005/1541 and the Fire Safety (England) Regulations 2022, SI 2022/547 govern fire safety in buildings, the latter relating to blocks of flats. RRO 2005, SI 2005/1541 applies to most buildings and structures other than individual private homes. RRO 2005, SI 2005/1541 also covers shared areas in HMOs, blocks of flats and maisonettes. RRO 2005, SI 2005/1541 applies to workplaces and the common parts of buildings containing two or more domestic premises. The responsible person–ie the person in control of the premises,
Q&As
Traders seeking to rely on force majeure provisions in their contracts with consumers for delays in performance caused by the coronavirus (COVID-19), or to relieve them of their contractual obligations, will need to consider whether: • the term has been effectively incorporated into the contract, determined in accordance with common law principles, and • the term is fair, determined in accordance with the Consumer Rights Act 2015 (CRA 2015) If the force majeure clause has not been effectively incorporated into the contract or is unfair, it will not be enforceable against the consumer. Incorporation In order to be enforceable, a term must be properly incorporated into the B2C contract at the time the contract is made. The party seeking to rely on them must show that either the other party has specifically agreed to, or knew of, the terms (eg by showing a signature to them) or that it has done what is reasonably sufficient to give the
Q&As
A foreign company opinion letter, or legal opinion letter, is a letter that sets out opinions as to matters of law. It does not cover factual matters. If one party to a transaction is a foreign company, the other party will need to obtain a legal opinion addressed to themselves (and any lender) from an independent firm of solicitors qualified in the jurisdiction of the foreign company. A legal opinion letter should be obtained in
Q&As
A legal opinion should be obtained in respect of every property transaction in England and Wales where one of the contracting parties is an overseas company, eg a property sale or purchase, the grant of a lease, the taking or granting of security, or the provision
Q&As
The status of an Almshouse occupier will depend on the nature and circumstances of the occupation. In Watts v Stewart the occupier was found to have been granted a personal licence, rather than a tenancy (see News Analysis: Almsperson did not have security of tenure (Watts v Stewart)). In Gray v Taylor (which was considered in Watts v Stewart), the Court of Appeal found that the almshouse occupier’s right of exclusive possession as beneficiary under a trust was ‘referable to a legal relationship other than a tenancy’. Note
Q&As
Certain landlords must consult with tenants before, among other things, undertaking qualifying works which result in the contribution of any tenant to those works being more than £250. Failure to properly consult means that the contributions of the tenants are limited to that sum, unless the tribunal dispenses with the need for consultation. See section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003, SI 2003/1987. The extent to which a fresh consultation is required when the scope or cost of works changes was discussed in Wynne v Yates, in which Upper Tribunal Judge Cooke said: '[...]
Q&As
Legal entities will not be relevant legal entities (RLEs) if they are not subject to their own disclosure requirements, for example unlisted overseas companies or entities such as co-operative or community benefit
Q&As
It has been assumed for the purposes of this Q&A that the company is a private company limited by shares. Section 319 of the Companies Act 2006 (CA 2006) provides that either a member of the company or a proxy may be elected to be the chair of a general meeting by a resolution of the company passed at the meeting. However, it would be exceptional for a member or a proxy to be so elected, and the position of chair is normally dictated by the company's articles, the statutory provision being subject to any provision of the articles that states who may or may not be chair. These provisions therefore appear to make clear that a meeting of the members must have a chair and any meeting without a chair is invalid. For example Article 39 of the Model articles—private limited company
Q&As
This Q&A has assumed that the assets that the father wishes to gift to his children are situated outside the UK. Practice Note: Overseas clients wishing to benefit UK residents explains that: 'An overseas client may, during their life or upon death, make a gift of money or other property situated outside the UK [emphasis added] without any UK tax consequences. See: IHT—anti-avoidance provisions. The exceptions to this are: • certain
Q&As
A governor of a public body who is elected by the public will be regarded by the law as an office-holder (an ‘office’ in this context meaning a subsisting, permanent, substantive position which has an existence independent of the person who fills it, which goes on and is filled in succession by successive holders). They may also be regarded as a ‘worker’ if they have a contract with that body to perform services. Whistleblowing protection is given to ‘workers’ under the Employment Rights Act 1996 (ERA 1996). Under ERA 1996, s 47B, an individual has the right not to be subjected to a detriment by their employer, done on the ground that they made a protected disclosure, if they are a ‘worker’. A worker is any individual who: • has entered into works under or used to work under a contract of employment or any other contract (whether express or implied, oral or in writing), under which they • will personally carry out work