A limited company may carry out a reduction of capital in accordance with Chapter 10 of Part 17 of the Companies Act 2006 (CA 2006). Such a reduction of capital may be carried out by a special resolution supported by a solvency statement (the solvency statement procedure) or by a special resolution confirmed by court order (the court procedure). To reduce its share capital under CA 2006, Pt 17, Ch 10: • a public company must use the court procedure, and • a private company limited by shares may

We have assumed that the tenancy is one which can properly be brought to an end by the service of a notice to quit without a right on the part of the tenant to remain or to claim a new tenancy. This question raises the nature and effect of the service of a notice to quit on the tenant of property. No detail has been provided as to the nature of the tenancy, but for a notice to quit to be effective, it must have been one which does not attract the protection of the Housing Act 1985, the Housing Act 1988 or the Landlord and Tenant Act 1954 (LTA 1954). Any periodic tenancy may be brought to an end by service of notice to quit. Subject to the terms

Every dispute referred to an adjudicator is defined by reference to the notice of adjudication—a referring party is not entitled to increase the scope of the dispute via arguments and documents in its reply without agreement between the parties and the adjudicator. See, for example, KNS Industrial Services (Birmingham) Ltd v Sindall Ltd and Mecright v. TA Morris Developments Limited 26th June 2001 (not reported by LexisNexis®). However, a referring party can respond in its reply to matters raised in the response and provide documents

In considering the issue of a person resident abroad executing a lasting power of attorney (LPA), regard should be had to the provisions of section 63 and Schedule 3 to the Mental Capacity Act 2005 (MCA 2005), which deal with the private international law applicable in relation to vulnerable adults. These provisions give effect to the Hague Convention. See also Practice Note: International issues relating to the protection of vulnerable adults. The Hague Convention considers ‘the need to provide for the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests’. The aim of the Hague

Can right of way fall out of use and be declassified as a public footpath? Whether the dedication is express or inferred, a highway is created when a competent landowner: • either dedicates some land as a highway, or • is deemed to have dedicated some land as a highway, and • that dedication (or deemed dedication) is accepted by or on behalf of the public The way in which the public acquires highway rights upon deemed dedication is by repeated use of the route as a highway, without secrecy, without force and without the landowner’s permission (section 31 of the Highways Act 1980 (HiA 1980)). Regarding how much interruption is needed to negative any presumption of dedication, in R (Godmanchester TC) v Secretary of State for the Environment, Food Rural Affairs,

Part II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives the tenant of a long lease of a flat the right to acquire a new lease, expiring 90 years beyond the existing contractual term. Before that right arises however, a tenant has to have owned the lease which is to be the subject of a claim for an extension under the LRHUDA 1993 for two years. A tenant who wishes to sell the flat and therefore assign the interest under the lease may not wish to go to the time and expense of exercising the rights under the LRHUDA 1993 before doing so. Prospective purchasers may however wish to acquire a longer lease, but will only be able to do so once they have satisfied the two year ownership requirement. To enable a sale of the long leasehold interest to take place

This Q&A has assumed that the right of way has not been confirmed in a contract or Deed and there are no express terms allowing for the way to be diverted or moved; this answer addresses private rights of way and not public rights of way A right of way does not give exclusive use of the land over which it relates; any diversion by the servient owners will only give rise to liability if it prevents the right of way from being substantially and conveniently exercised as before. A few definitions first. For every easement including a right of way there is a 'dominant' owner of land (whose land has the benefit of the right). There is a different owner of 'servient' land, over which the right held by the dominant landowner is exercised. The easement binds successors in title of the 'servient' land. To obtain a right of way by prescription, there must be continuous

There is no specific provision that makes it unlawful for a settlement agreement to include a provision preventing the employee from being re-employed by the same employer. However, such a provision is unusual, because: • it will usually be in the employer’s gift to decide whether or not to re-employ the employee at a future date • where the settlement agreement is entered into after the employment relationship has broken down, the ‘risk’ that the employee will seek re-employment is often perceived as low Addition factors making such a provision unlikely include: • the risk of potential claims for victimisation in recruitment under the Equality Act 2010 (EqA 2010) • the principle of restraint of trade • possible alternatives to a ‘no re-employment’ clause, eg repayment provisions Victimisation A person victimises an individual if: • they subject that individual to a detriment • they do so because: ◦ that individual performed a ‘protected act’, or

Section 540 of the Companies Act 2006 (CA 2006) defines a ‘share’, in relation to a company, as a ‘share in the company's share capital’. However, the CA 2006 defines a ‘share’ slightly differently for the purposes of CA 2006, Pt 22 (see CA 2006, s 792) and CA 2006, Sch 7 and s 1162 (see CA 2006, s 1162(7)). The CA 2006 sets out certain requirements in relation to a company’s shares, principally in CA 2006, Pt 17, including the requirement that shares in a limited company having a share capital must each have a fixed nominal value (CA 2006, s 542). As to the voting rights that attach to a class of shares, the voting rights will be those set out in the CA 2006 - meaning that a shareholder will be deemed to have equal voting rights with all other shareholders in a company - unless this

The Companies Act 2006 (CA 2006) requires a company to issue a share certificate to a person on their becoming a member through an allotment or transfer of shares within two months of the allotment or the date on which the transfer is lodged

We are not aware of a specific prohibition or restriction in company law on waiving part of a dividend. However, it will be necessary to determine what dividend rights (and rights of waiver) apply to a particular company’s shares by reviewing any documents that may set out such rights, eg, the company’s articles of association, any shareholder resolutions approving the allotment and issue of the shares and any shareholders’ agreement that has been entered into. There may be restrictions, or a prohibition, on the waiver of dividends (or part of dividends) paid by a particular company. The procedure for a waiver of dividends would usually be set out in a company's articles (see, eg, article 35 of the model articles for private company limited by shares) and should be followed. To be legally binding, a waiver of dividends should

Where a company (Company A) is applying for, or already holds an existing sponsor licence, it can be possible for a company within the same group (Company B) to employ and sponsor migrant workers under this licence. This is possible by the addition of Company B as a ‘branch’ to the licence. The below considers guidance in relation to the addition of branches to a licence, and with reference to Home Office guidance: Workers and Temporary Workers—guidance for sponsors part 1, specifically section L5: Organisations with multiple branches. Common ownership and control In order for a company within the same group to be added as a branch to a licence, it must be shown that there is a specified relationship of common ownership and control amongst these companies. The Home Office will assess if there is common ownership and control,