General powers of attorney are governed by the Powers of Attorney Act 1971 (PAA 1971). A general power of attorney governed by PAA 1971 is the most commonly used appointment for commercial transactions. Provided a person has capacity, they can delegate powers to act on their behalf to another person under a power of attorney. Powers of attorney must be executed by deed. As a corporation is not a natural person,

We have assumed that this Q&A is directed at what steps are required to enforce a civil judgment of a court of an EU Member State in England and Wales. Which regime applies? When seeking to enforce a foreign judgment in England and Wales, it is important to know which enforcement regime applies. Where a judgment is given by the courts of an EU Member State and enforcement is sought in another EU Member State (eg the UK), consideration needs to be given to whether the provisions in Regulation (EC) 44/2001, Brussels I apply or Regulation (EU) 1215/2012, Brussels (recast) apply. For guidance on the other enforcement regimes that apply in relation to judgments of the courts of other jurisdictions, see: Which regime applies to enforce a foreign judgment?—checklist. Brussels I or Brussels I (recast)? Article 66 of Regulation

This Q&A assumes that the offer is being made by the claimant in the action. Validity of a pre-action Part 36 offer A Part 36 offer may be made before proceedings start (CPR 36.7(1)). You do not need the court’s permission to accept an offer which was made before proceedings started after they have commenced, unless permission is required in any event for one of the reasons set out in CPR 36.11, CPR 36.15 or CPR 36.22. See Practice Note: Part 36 offers—how and when to accept a Part 36 offer. Note, however, that a Part 36 offer made and accepted before proceedings commence does not give rise to a deemed Part 36 costs order (CPR 44.9), see Practice Note: Part 36 offers—pre-action costs recovery. In order to be valid, the offer must (CPR 36.5): • be in writing—this

The relevant grounds of refusal can be found in Immigration Rules, Part 9. The key extracts relevant to this Q&A are as follows: ‘322. Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused … (1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application. … Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused (2) the making of false representations

Our Practice Note: Termination of commercial agency arrangements explains how the Commercial Agents (Council Directive) Regulations 1993 SI 1993/3053 introduce obligations between the principal and its commercial agent in relation to termination process and compensation/indemnity entitlements. Regulation 15 provides that the minimum notice periods are: • one month for the first year of the contract • two months for the second year commenced, and • three months for the third and subsequent years commenced Note that these minimum

When a private limited company buys back shares, those shares must be paid for on purchase, unless it is buying back the shares for the purposes of, or pursuant to, an employees' share scheme. Therefore, unless a private limited company is buying back shares for the purposes of, or pursuant to, an employees' share scheme, it is not possible for the company to defer payments or pay in instalments (Pena v Dale). Although shares that are bought back by a private limited company must be paid for on purchase

This Q&A alludes to the definition of ‘protected rent’ in section 3(2) of the Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022). This provides that rent is ‘protected rent’ if, among other things, ‘the tenancy was adversely affected by coronavirus (COVID-19)’ (see CR(C)A 2022, s 4). CR(C)A 2022, s 4 provides that a tenancy was ‘adversely affected’ if, for any period between 21 March 2020 and 18 July 2021 (in England, or 7 August 2021 in Wales)—‘(a) the whole or part of the business carried on by the tenant at or from the premises comprised in the tenancy, or (b) the whole or part of those premises, was of a description

The rights of a ‘right to buy’ purchaser to subsequently dispose of the property is subject to common law rules and the statutory provisions of the Housing Act 1985 (HA 1985) as follows: • the former landlord or another social landlord retains a right of first refusal for a proposed relevant disposal within ten years of

For a prize promotion to fall outside of the lottery rules under the Gambling Act 2005 (GA 2005), participants must (among other requirements): • not be required to pay to enter the draw, discover whether they have won or claim the prize, or • be able to participate through a genuine free-entry route as an alternative The costs of ordinary postage, telephone calls, text messages, email or web access are not considered to be payments to enter provided

Disclaimer/Resignation and intermeddling Disclaimer by an attorney, whether professional or otherwise, has a specific meaning for the purposes of the Mental Capacity Act 2005 (MCA 2005). It is the formal declaration of the attorney that they wish to stop acting as such. Different terms are used in the context of other appointments. An executor appointed under a Will who does not wish to play an active role in the administration of an estate can 'renounce' their right to apply for a grant. However, if they have taken any action in respect of the estate or intermeddled at all, such as settling any debts or collecting in the assets, they cannot renounce and may still be liable for any tax or the payment of debts. Conversely, in the context of trusts, a person who is neither a trustee nor authorised by the trustees and intermeddles with the trust property or carries out acts

Section 9 of the Mental Capacity Act 2005 (MCA 2005) provides that: '(1) A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following— (a) P's personal welfare or specified matters concerning P's personal welfare, and (b) P's property and affairs or specified matters concerning P's property and affairs, and which includes authority to make such decisions in circumstances where P no longer has capacity. (2)… (3)… (4) The authority conferred by a lasting power of attorney is subject to— (a) the provisions of this Act and, in particular,

Section 117 of the Building Safety Act 2022 (BSA 2022) defines a relevant building as a self-contained building or self-contained part of a building in England that contains at least two dwellings and is at least 11 metres high or has at least 5 storeys. This is subject to the exclusions contained in BSA 2022, s 117(3) which relate to buildings which are owned by the leaseholders eg where tenants’ rights of first refusal or collective enfranchisement have been exercised. BSA 2022, s 120 contains a definition of ‘relevant defect’ for the purposes of BSA 2022, ss 122–125 and Sch 8. BSA 2022, Sch 8 contains the leaseholder protections which provide that certain service charge amounts relating to relevant defects in a relevant