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Police officers have a power of arrest without warrant in respect of all offences. Section 24 of the Police and Criminal Evidence Act 1984 gives the police the power to arrest anyone who they have reasonable grounds to suspect has committed an offence or is about to commit an offence. The arrest must also be necessary (for example, to allow the prompt and effective investigation of the offence). Where a law enforcement body suspects an offence has been committed but they themselves do not have a power of arrest, they can request the assistance of the police to make
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Is it possible for a bankrupt to have assigned back to them some property which had vested in their trustee in bankruptcy by virtue of the Insolvency Act 1986 s. 306? This isn’t strictly speaking a ‘re-vesting’. All property (save for some excluded property) vests in a Trustee in bankruptcy on bankruptcy, and if the bankrupt, or indeed any other person, wishes to take an assignment of that property for value then
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We assume that it is proposed that the lease will be granted over the whole of the land including the 10% of which the proposed tenant already owns the freehold. Whether the proposed tenant owns 10% of the land by area and the other proposed landlord the other 90% by area, or the proposed tenant owns a 10%
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The answer to this Q&A is based on standard contractual principles, rather than any software-specific legislation and focuses on an arrangement under which a licensor of software engages a reseller to distribute software to end-users. Typically, a software reseller will have an arrangement with the licensor whereby either: • the reseller puts in place an end user licence agreement (EULA) between the end user and the licensor. The content (and typically the form) of the EULA is dictated by the licensor and typically the EULA is not negotiated by the end user, or • the reseller enters into a direct sublicence with the end user which flows down the provisions of the reseller’s agreement with the licensor The approach of putting in place a EULA between the licensor and the end user, effectively removing the reseller from the equation, is a common approach adopted by the large software licensors such as Microsoft, SAP and
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From 1 February 2017 it has been a mandatory requirement for all applications for EEA permanent residence to be completed using the specified forms provided by the Home Office. The relevant provision is regulation 21 of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016, SI 2016/1052, reg 21) which states that an application for a European residence document must be made: • online, submitted electronically using the relevant pages at www.gov.uk; or • by post or in person, using the relevant application form specified by the Secretary of State at www.gov.uk Further, Home Office guidance Processes and Procedures for EEA documentation applications states that from that date, all applications under the EEA Regs 2016, SI 2016/1052 must be complete. It says: ‘an application can be rejected as invalid if it is incomplete. All relevant sections of the application form
Q&As
This Q&A assumes that the question relates to a criminal appeal from the Crown Court to the Criminal Court of Appeal against conviction and/or sentence. As a general rule, all grounds of appeal upon which an applicant relies should be lodged with the notice of appeal (subject to being perfected on receipt of transcript(s) from the Registrar). If the notice of appeal fails to state any grounds then the appeal will be bound to fail as the single judge will
Q&As
Practice Notes: Complaints—law firms and Client care letter and terms of business—information requirements set out information requirements in relation to complaints, which emanate from a variety of sources, such as the Provision of Services Regulations 2009, SI 2009/2999, Legal Ombudsman (LeO) and the Solicitors Regulation Authority (SRA). Provision of Services Regulations 2009 You must make available contact details to which recipients of your service can send a complaint, including: • a postal address, fax number or email address • a telephone number • your official address (where you have one) There does not appear to be a specific requirement to name the complaints partner in the firm’s terms of business (TOB). Legal
Q&As
As set out in Practice Note: Claiming interest—compound interest, simple interest may be claimed under an applicable contractual provision. However, compound interest may only be claimed in certain situations: • under the court’s equitable jurisdiction as part of certain types of claims in equity • at common law where interest is claimed as damages because loss justifying compound interest can be proved, or • under a contractual interest provision which expressly provides for compound interest The difference between the two calculations of interest is as follows: • simple interest: the interest is calculated on the principal amount • compound interest: the interest is calculated on the principal amount plus the interest that accumulates on it in every (certain prescribed) period Therefore, in principle, if the contractual provision states that such interest will be compound rather than simple, then it should be possible to claim interest
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The Society of Trust and Estate Practitioners (STEP) standard provisions (2nd edition) (which must be incorporated into a Will if they are to apply to it) and the administrative provisions of most professionally drafted Wills include a charity receipt clause to give the personal representatives (PRs) protection so they are not liable for making a payment to any person who appears to be the treasurer or appropriate officer unless, at the time of the distribution, the PRs have knowledge of circumstances which call for enquiry. The charity receipt clause from the STEP standard provisions (2nd edition) is copied below for ease of reference. '4.16
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There is no specific requirement to have a general client-facing privacy policy and a separate website privacy policy. You should, however, satisfy yourself that your general
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Personal representatives (PRs) have a duty to report to HM Revenue & Customs (HMRC) any untaxed income received during the period of administration and any capital gains which have arisen in that period on the sale of property forming part of the deceased’s estate. Formally, untaxed estate income and capital gains are to be reported under self-assessment on the Trust and Estate Tax Return SA900. However, for straightforward estates where the tax liability is
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We refer you to section 9 of the Wills Act 1837 (WA 1837) which sets out the requirements for a valid Will. That section states: 'No will shall be valid unless— (a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and (b) it appears that the testator intended by his signature to give effect to the will; and (c) the signature is made or acknowledged by the testator in the presence of two or more witnesses