While there does not appear to be case law dealing specifically with this point as to Schedule 1 to the Children Act 1989 (ChA 1989), such an agreement would appear to fall foul of the general rule that parties may not agree to oust the jurisdiction of the court, and to do so may render the agreement void or unenforceable,

It is assumed that the confusingly similar EU trade mark was registered later than the UK trade mark. It is also assumed that the holder of the confusingly similar EU trade mark is using it in the UK in the form it is registered. In conducting our research, we have focused on the relevant legislative provisions. The extent of the similarity or the likelihood of confusion between the trade marks would need to be carefully assessed on the facts of any particular case. The relevant legislation for trade mark infringement of a UK trade mark is the Trade Marks Act 1994 (TMA 1994). TMA 1994, s 10 deals with infringement and where the sign being used is similar to the registered

In relation to whether the public may have acquired a right to use the shortcut through long user, we refer you to Practice Note: Highways—ownership and creation, in

Assured shorthold tenancy (AST) Section 1(2) and Schedule 1, Part I of the Housing Act 1996 provide that local authorities cannot grant assured tenancies (which includes ASTs). Local authorities are defined for those purposes (at Sch 1, para (2)) as including the County Council, ie: '(2) The following are local authorities for the purposes of sub-paragraph (1)(a) above— (a) the council of a county, [county borough,] district or London borough;' Please see our Q&A: In what circumstances can the local authority grant an assured shorthold tenancy? for further information. Secure tenancy Accordingly, the type of tenancy the council is

Section 5(1) of the Leasehold Reform Act 1967 (LRA 1967) makes it clear that, once a tenant has given the landlord notice of their desire to acquire the freehold, the tenant's right is assignable, but only to a person to whom

Case study Property is held by a married couple as joint tenants who want to transfer a 50% interest to the wife’s sister as the property was bought indirectly with funds from the wife’s parents. All property in England and Wales is held in two ways; legally and beneficially. The legal ownership of a property equates to in whose name or names the property is in. For registered property, the registered owners will be the legal owners. The legal owners however hold the property as trustees on a trust of land for the beneficial owners, who are the people entitled to the ownership of the equity in the property. In most circumstances the beneficial owners will be the same as the legal owners, and there is a presumption that this will be the case absent other evidence (such as an express declaration of trust or a common intention constructive

It is assumed that the life tenant of the trust is a qualifying beneficiary within the meaning of section 169J(3) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992). Generally speaking, trustees who are not resident in the UK are not within the charge to UK capital gains tax (CGT). There are notable exceptions to this, for example where the asset being disposed of is UK residential property. See Practice Note:

The members of a limited liability partnership (LLP) do not hold shares or any similar interest in the LLP that can be ‘bought back’, and therefore, there is no company-style statutory ‘buyback’ procedure in relation to the purchase of a member’s ‘interest’ by the LLP itself. The members of an LLP do, however, usually make a financial

The beneficial interest under a trust of land can be held on a joint tenancy, or a tenancy in common, or a combination of both. In other words, a property can be held for A, B and C so that (say) one-third of the beneficial interest is held for A as a tenant in common, but the remaining two-thirds are held for B and C as beneficial joint tenants, with the result that as between B and C survivorship operates and on the death of one the other retains the whole of their joint share. For the most part, joint tenancies have involved two people and are conceptualised in that context. The familiar notion

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. Grounds for presentation of a winding-up petition The statutory basis for presentation of a winding-up petition is governed by section 122 of the Insolvency Act 1986 (IA 1986). A creditor’s petition is usually based on IA 1986, s 122(1)(f) and (g)—namely that a company is unable to pay its debts as and when they fall due (IA 1986, s / 122(1)(f), as defined by IA 1986, s 123) or—less commonly as a sole ground—that it is just and equitable for the court to order the company to be wound up (IA 1986, s 122(1)(g)). For

The answer to this question will depend on the precise terms of the Will. There are numerous possible clauses for the appointment of partners in a law firm (a partnership) as executors and trustees of a Will. By way of example only, we set out below two possible clauses for the appointment of the executors of the Will and the trustees of any trust created by it, with a brief description of the effect of each. Sample clause 1 ‘I appoint the partners at the date of my death in the firm of [name of firm] or the firm or incorporated practice which at that date has succeeded to and carries on its practice

Since 1 January 1997, property acquired or held by co-owners is held on a trust of land. See section 1 of the Trusts of Land and Appointment of Trustees Act 1996. A corporation, whether aggregate or