The question This Q&A deals with the delegation of trustees’ powers. The specific question is whether trustees are able to delegate the management of trust assets to a company which belongs to the beneficiary of a trust. Delegation of trustees’ powers The general principle that evolved in the authorities was that trustees must not delegate their duties or powers to a third party or co-trustee, subject to certain exceptions. The exceptions include if delegation was permitted by the trust instrument or the trustee could not carry out the act himself or if the relevant task was only ministerial and an agent would normally be employed by an ordinary prudent man of business. This could include management of the trust assets, such as a broker dealing with the investments in the trust: see Speight v Gaunt . The principles regarding delegation are now mainly governed by statute. Any exercise of these powers

The choice of a private limited company name, whether on incorporation or on a subsequent change of name, is subject to a variety of requirements and restrictions, which include, under the Companies Act 2006 (CA 2006), s 59 that the name of the private limited company must end with the word 'limited' ('cyfyngedig' may be used in the case of a Welsh company and appropriate abbreviations ('Ltd' or 'cyf') may be used). This

The wording ‘arising under or in connection with' is common in many limitation of liability clauses. Precedent: Software licence—pro-supplier, uses the following formulation: ‘The extent of the Supplier’s liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall be as set out in this clause 12’. As the drafting note to that clause explains: • it is important to describe the general scope and extent of any limitations of liability because any ambiguities are construed strictly against the party seeking to rely on them (the contra proferentem rule) • the words ‘under or in connection with the

For assistance with your query, see: Brexit—Commercial, in particular the

Rule 5.1.7 of the Financial Conduct Authority’s (FCA) Client Assets Sourcebook (CASS) (CASS 5.1.7) states that the rules in CASS 5.1 to CASS 5.6 also give effect to the requirement in article 4.4 of the (EU) Insurance Mediation Directive (Directive 2002/92/EC) that all necessary measures should be taken to protect clients against the inability of an insurance intermediary to transfer premiums to an insurance undertaking or to transfer the proceeds of a claim or premium refund to the insured. Please note that in October 2018,

For an outline of the effect of the General Data Protection Regulation, (Regulation (EU) 2016/679) (the GDPR), see Q&A: How does the General Data Protection Regulation impact on property owners and managers? As that Article set out, personal data is widely defined and means any information relating to an identified or identifiable natural person, known as the ‘data subject’. Clearly, a tenant could fall within this wide definition. The tenant’s personal data would extend to the address at which he or she lived, the existence of rent arrears, credit checks which had been carried out, references provided by third parties (who in turn would fall within the definition) and any court proceedings. Processing

Who can be the guardian of a Child Student? The Immigration Rules, Introduction, para 6.2 (Immigration Rules, Introduction, para 6.2(b)) sets out definitions for relevant terms including ‘legal guardian’, ‘parent’ and ‘private foster care arrangement’. The definition of legal guardian is ‘a person appointed according to local laws to take care of a child’. In the UK legal guardianship for a child is usually dealt with in the family courts or arises as the result of parents appointing a legal guardian in the event of their death. However, different legal jurisdictions will have different practices. Whether or not a person has been properly appointed as a legal guardian ‘according to local laws’ in another jurisdiction is a matter of foreign law. Foreign law is a matter of evidence and must usually be proved by expert evidence (Hussein (Status of passports: foreign law) [2020] UKUT 00250 (IAC) (not reported by LexisNexis®UK)). This expert evidence could include a letter from a lawyer qualified in the relevant jurisdiction,

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 came into force on 26 June 2017 and impose duties on firms including in relation to: • training • client due diligence (CDD) which includes ongoing monitoring • record keeping, and • designating a nominated officer For more information, see Practice Note: Money Laundering Regulations 2017—systems and controls requirements—law firms. CDD requirements (including source of funds) apply to your client and the beneficial owners of your client only. The MLR 2017 allow firms to take a risk-based approach to CDD and there is no specific requirement in the MLR 2017 to conduct CDD on non-clients. However,

We refer you to the following which you may find useful for your purposes. Generally, costs ‘follow the event’ ie the losing party will pay the successful party’s costs. The court is, however, not bound by the general rule and can, where it considers it appropriate, make a different order (CPR 44.2(2)(b)). The Court of Appeal held in AEI Rediffusion v Phonographic Performance that the general rule is a ‘starting point from which a court can readily depart’. Issues based costs orders and proportionate costs orders One of the ways in which the court is prepared to depart from the general rule to reflect the parties’ conduct in the case is by making an issue based or proportionate costs order, see Practices Notes: Proportionate cost orders and Issues-based costs orders. In R (on the application of Viridor Waste Management) v Revenue and Customs Commissioners, for example, the appropriate order was for a modest percentage reduction in the receiving

In answering this Q&A our research has been limited to cover only the IHT implications for the estate of the grantor of the option. Inheritance tax Inheritance tax (IHT) is a tax on a transfer of value. The value is the loss to the transferor's estate. (Inheritance Act 1984 (IHTA 1984), s4(1)). The general rule under IHTA 1984, s 160 is that property in the estate is valued for IHT purposes as: • the price that the property might reasonably be expected to fetch if sold in the open market at that time provided • that price is not assumed to be reduced on the ground that the whole

The court may be able to grant a preservation of property order under CPR 25.1(c). An order for the preservation of property is used to preserve evidence. They are significantly less intrusive and likely to be less damaging to a defendant and therefore are easier and cheaper to obtain than a search order. An order for the interim delivery up of goods, where goods are being wrongfully interfered with, operates in a similar way

The starting point is what the terms of the lease may require. Some commercial leases provide (as a circumstance pursuant to section 19(1A) of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)) that the landlord may refuse its consent to an assignment where the proposed assignee is a company in the same group as the tenant. If that is the case, the landlord will be entitled to refuse consent to the assignment. Equally, the lease may give the landlord the ability to