Refine By
Clear all filter
About 92243 results for "*"
Q&As
A person attains full age at 18 (Section 1(1) of the Family Law Reform Act 1969). A child's contract is at common law generally voidable at the instance of the child, although it is binding upon the other party. Exceptions to this rule are contracts for necessaries and certain other contracts such as contracts of service and apprenticeship (Proform Sports Management Limited v Proactive Sports Management Limited), if they are clearly for the child's benefit, such contracts are valid and binding upon a child. In such cases the question to be judged is whether the contract is or is not on the whole beneficial at the date
Q&As
For the purposes of this Q&A we have focused on the rules and procedure concerning voluntary transparency notices under the Public Contracts Regulations 2015, SI 2015/102. For public contracts subject to the Public Contracts Regulations 2015, SI 2015/102, the requirements for publishing contract notices in the Official Journal of the European Union (OJEU) in accordance with the rules of procedure are set out in the Public Contracts Regulations 2015, SI 2015/102, Pt 2 (see in particular regs 48 to 52). A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without prior publication of a contract notice in accordance with the Public Contracts Regulations 2015, SI 2015/102, Pt 2 (ie a direct
Q&As
Section 33(3) of the Marine Insurance Act 1906, provides (in part), that if a warranty is breached, the insurer’s liability is completely discharged from the point of breach. Remedying a breach of warranty does not change this position. Section 10 of the Insurance Act 2015 (IA 2015), has abolished this rule and any common law equivalent. A warranty
Q&As
The meaning of connected persons is applied in various tax provisions. It is important to consider the detailed legislation set out in sections 1122–1123 of the Corporation Tax Act 2010 (CTA 2010) to establish if a company is connected with another person for a particular tax provision. A company is connected with another person (A) if: • A has control of the company, or • A together with persons connected with A have control of the company An individual (A) is connected with another individual (B) if A is B’s spouse. Control for these purposes is set out in CTA 2010, s 450. A person (P) is treated as having control of a company (C) if P: • exercises • is able to exercise, or • is entitled to acquire direct or indirect control over C’s affairs. In
Q&As
This Q&A covers the service of a witness summons by a party which has notified the court in writing that they wish to do so. Witness summons A witness summons is a document, issued by the court under CPR 34.2, compelling the witness to: • attend the court to give evidence on the date fixed for the hearing, or • produce documents to the court either: ◦ on the date fixed for the hearing, or ◦ on such date as the court may direct It
Q&As
An employee who takes ordinary or additional maternity leave is entitled to the benefit of all the terms and conditions of employment that would have applied had she not been absent, except ‘terms and conditions about remuneration’. For further information on an employee’s rights during maternity leave, see the section of Practice Note: Maternity leave entitled ‘Rights during ordinary and additional maternity leave’. When determining whether or not the employer is obliged to continue honouring a particular contractual term during maternity leave, it is therefore
Q&As
The relevant transitional provision for meeting Salary Option F in the Skilled Worker route is Immigration Rules, Appendix Skilled Worker, para SW 4.2: ‘SW 4.2. The applicant must be awarded 20 points from one of the options in the table below and for the purpose of meeting these points: [..] (b) An applicant can only be awarded points from options F to J if: (i) they are being sponsored for a Health and Care ASHE salary job; or (ii) the date of application is before 4 April 2030, they were granted permission as a Skilled Worker under the rules in place before 4 April 2024, and they have had continuous permission as a Skilled Worker since then (except that where paragraph 39E applies, that period of overstaying will
Q&As
Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 12(1), a worker is entitled to a ‘rest break’ where that worker works for more than six hours in a day. WTR 1998, SI 1998/1833, reg 12(2) provides for details of the rest break, including its duration and the terms on which it is granted, to be set out in a collective agreement or workforce agreement. Where there are no such provisions, the default position is that the rest break is for a minimum 20 minute uninterrupted period, which the worker
Q&As
Consideration should be given to: • the right to a daily rest period • the meaning of ‘working time’ • whether time spent ‘on call’ is working time • whether any exception to the right to daily rest break applies The right to a daily rest period Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled to a rest period of not less than eleven consecutive hours in any twenty-four hour period. The eleven hours do not have to be in the same day; so if the worker leaves work at 11 pm on Monday, they can start work at 10 am on the Tuesday, as they will have had eleven consecutive hours off (WTR 1998, SI 1998/1833, reg 10). A 'rest period' means a period which is not ‘working time’, other than a rest break
Q&As
Pursuant to section 74A of the Town and Country Planning Act 1990 (TCPA 1990) and articles 28–30 of, and Schedule 6 to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (GDPO 2015), SI 2015/595, where a valid application
Q&As
We have assumed you are referring to the voluntary winding up of a private company limited by shares. Only private companies can pass written resolutions. Public companies limited by shares cannot pass written resolutions at all, even if their articles of association purport to authorise them to do so. A resolution of members of a public company must always be passed at a general meeting of the company. With respect to the use of written resolutions in place of resolutions at general meetings, section 288 of the Companies Act 2006 (CA 2006) states: ‘References in enactments passed or made before this Chapter comes into force to— (a) a resolution of a company in general meeting, or (b) a resolution of a meeting of a class of members of the company, have effect as if they included references to a written resolution