A judgment creditor can seek to enforce their judgment debt by applying for an attachment of earnings (AE) Order which, in effect, directs the judgment debtor’s employer to pay a certain portion of the judgment debtor’s salary or wages to a collecting officer for payment on to the judgment creditor. AE Orders are governed by CPR 89 and the Attachment of Earnings Act 1971 (AtEA 1971). AtEA 1971,

Any communication to an employee in relation to an employee incentive arrangement (other than by or through an authorised person) could be caught by the financial promotion restriction in section 21 of the Financial Services and Markets Act 2000. An exemption is available to a company where the communication is made by that company, a member of its

The rules relating to accounts and audit are many and complex. While the directors of every company must prepare accounts for each financial year, the requirements vary significantly depending on whether the company is quoted or unquoted, and if unquoted, whether it is medium-sized, small or a micro-entity (or dormant). For further information and links to detailed materials on the accounting regimes for the different sizes of company, see Practice Note: Accounts and reports—an outline of the statutory framework. The position as regards audit is also dependent on a number of circumstances and exemptions. Under section 475 of the Companies Act 2006 (CA 2006), a company is required to have its annual accounts for a financial year audited in accordance with CA 2006, Pt 16, unless the company can take advantage of one of the exemptions available. A company’s annual accounts for a financial year must be audited unless

Business property relief (BPR) is an extremely important relief for inheritance tax (IHT) purposes. The scope and extent of the relief has been widened over the years. The relief applies both to individuals and to trusts that hold qualifying property. Property that qualifies for BPR is called 'relevant business property'. There are several categories of relevant business property. Those most likely to be relevant when considering shares in a self-storage company are: • property consisting of a business or interest in a business (section 105(1)(a) of the Inheritance Tax Act 1984 (IHTA 1984)) (note Nelson Dance decision) • any unquoted shares in a company (IHTA 1984, s 105(1)(bb)) In which case, BPR would apply at 100%. It is possible but less likely that the following category would apply (and in which case, BPR would only be available at 50%): • shares in or securities of a company which are quoted (either by themselves

The SRA Principles comprise the fundamental tenets of ethical behaviour that the SRA expects those it regulates to uphold. Particularly, that you act: • with honesty • with integrity • in the best interests of each client You must be honest and open with clients if things go wrong. If a client suffers loss or harm as a result, you must: • put matters right (if possible), and • explain fully

The immigration skills charge (ISC) is a charge payable by the employer when sponsoring workers under the Skilled Worker or Global Business Mobility (GBM)-Senior or Specialist Worker routes. It is authorised by the Immigration Skills Charge Regulations 2017, SI 2017/499, which came into force on 6 April 2017. The regulations set out when a charge is a payable, and also lists the exemptions that apply (reg 4). Examples of exemptions

For the purposes of this Q&A, it is assumed this is a business-to-business contract. To establish that express terms and conditions (T&Cs) have been incorporated into a contract, the party seeking to rely on them must show that it has done what is reasonably sufficient to give the other party notice of them: Thornton v Shoe Lane Parking Ltd. This will be a question of fact in each case. The more onerous or unusual the terms, the more that needs to be done to bring them to the notice of the other party: Interfoto Picture Library v Stiletto Visual Programmes. See Practice Note: Express and implied terms in contracts. It is essential, when dealing with T&Cs, that one party's T&Cs are brought to the attention of the other if they

What immigration restrictions are there on the ‘right to study’? British nationals and Commonwealth citizens with a right of abode—section 2 of the Immigration Act 1971 (IA 1971) British nationals are free from immigration control and can have no immigration-related restriction on their right to study. This also applies to the more limited number of Commonwealth citizens who have a right of abode. Irish nationals—IA 1971, s 3ZA Irish nationals do not require leave to enter or remain in the UK, so long as they are not subject to a deportation order (which in practice is very rare). Unless there is a deportation order in place, Irish nationals have no immigration-related restriction on their right to study in the UK. People with leave to remain—IA 1971, s 3(1)(c)(ia) People with indefinite leave to remain should not be subject to any study restriction. People with limited leave to remain can be given leave with

The implementation of the Jackson Reforms in 2013 introduced significant changes to litigation funding and management. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) removed the ability of the successful party to recover success fees (LASPO 2012,

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. CFAs in insolvency proceedings Insolvency litigation is exempt from the changes in law that came into force in April 2013, which from that date prevented parties in litigation from claiming success fees in CFAs and after-the-event (ATE) insurance premiums from the other party. That exemption was due to end for insolvency litigation in April 2015, but has been extended until at least later this year—see News Analysis: LASPO extension—relief for insolvency practitioners. The reason for this exemption is, essentially, that insolvency practitioners (IPs) conduct litigation on behalf of others (the creditors of the insolvency estate), and that they do not necessary have other forms of litigation funding available to them. So what does the insolvency exemption actually cover? The Legal

This Q&A covers money laundering offences under the Proceeds of Crime Act 2002 (POCA 2002), statutory tax and duty evasion offences, and the common law offence of cheating the revenue. It also covers the definition of criminal conduct and criminal property under the POCA 2002. Money laundering is a name given to a group of offences set out under POCA 2002, Pt 7 and in other legislation. Each offence concerns actions taken in regards to ‘criminal property’. POCA 2002, s 340(3) defines criminal property as: '(3) Property is criminal property if— (a) it constitutes a person's benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and (b) the alleged offender knows

The price payable to the competent landlord The amount payable to the competent landlord on the grant of the new lease is the aggregate of: • the diminution in value of the competent landlord's interest in the tenant's flat • the landlord's share of the marriage value, and • the amount of any compensation for loss arising from the grant of the new lease payable to the landlord The diminution in value of the landlord's interest is the difference between the value of the landlord's interest in the flat: • prior to the grant of the new lease, and • once the new lease is granted on the basis of an open market sale by a willing seller where neither the tenant nor any intermediate landlord is buying or seeking to buy. One