One of the main advantages of incorporating an unlimited company is the fact that it has such flexible capital maintenance rules and is not subject to the vast proportion of the Companies Act 2006 (CA 2006) provisions regarding share capital. The provisions of CA 2006, s 618 on the sub-division of shares apply only to limited companies, so will not apply to unlimited companies. The articles of association of the unlimited company in question must be checked for its provisions on the sub-division of shares. There are no model articles provided for unlimited companies under CA 2006. CA 2006, s 20 only applies the default model articles

Under Article 37(2) of the Council Regulation (EC) No 207/2009, it was possible to disclaim part of a mark. This continues to apply to applications which were filed before 23 March 2016 when the new regulation came into effect. However, Article 37(2) was repealed as part of the new trade marks package (Article 1(35) of Regulation (EU) 2015/2424) and so it is no longer possible to use disclaimers

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules relating to applications for divorce, dissolution, and (judicial) separation orders are set out in FPR 2010, SI 2010/2955, Pt 7 supported by FPR 2010, PD 7A. Fundamental changes were brought about by the Family Procedure (Amendment) Rules 2022, SI 2022/44 as a result of the coming into force of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) on 6 April 2022. The new rules introduce a completely new Pt 7 into the FPR 2010, SI 2010/2955 providing for procedure for applications in matrimonial and civil partnership proceedings issued on or after 6 April

In principle, it would be possible for a deferred member of a defined benefit scheme to transfer out after age 75. The member would not have a statutory right to transfer unless the member’s benefits fall within the definition of flexible benefits (as defined in section 74 of the Pension Schemes Act 2015 (PSA 2015) or the member has an unusually high normal pension age. Section 93A(1) of the Pension Schemes Act 1993 (PSA 1993) requires the trustees or managers of a pension scheme to provide a statement of entitlement to a member who applies for one and has transferrable rights other than in respect

In answering this Q&A we have not covered British citizens who have exercised treaty rights in another EEA state and whose spouse is applying under the ‘Surinder Singh’ provisions of the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052 (see reg 9). The EEA Regs 2016, SI 2016/1052 were amended with effect from 24 July 2018 by the Immigration (European Economic Area) (Amendment) Regulations 2018, SI 2018/801 to give effect to the decision in the case of Lounes. The 2018 regulations amended the definition of EEA national in reg 2, and introduced a new reg 9A, which sets out the circumstances

Online historical versions for over 2,400 enactments can be accessed on Lexis®Library. These are predominantly acts and a small number of statutory instruments. If one selects ‘Historical’ under ‘Versions’

It will, firstly, need to be ascertained who owns the airspace that the sign is overhanging. For example, was it erected by a leasehold owner (X), over the demise of their neighbouring leasehold owner (Y), and if so, does Y’s demise include the airspace? Or, is the airspace owned by a freehold owner of the land on which the building sits (Z)? In respect of legal presumptions regarding airspace, see Q&As: A window frame of a flat overhangs the balcony of the flat below. Does this overhang constitute trespass? and Where a lease is silent on whether the demise includes the airspace above property defined by reference to a plan, is it implied that the airspace is included? The erection of the sign which overhangs a

'Bridleway' means a way over which the public have the following, but no other, rights of way: a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way: see section 192(1) of the Road Traffic Act 1988 (RTA 1988). It is an offence, pursuant to RTA 1988, s 34 to drive a mechanically propelled vehicle onto or upon any road being a footpath, bridleway or restricted byway, without lawful authority. However, the offence is committed only if driving over the land is 'without lawful authority'. Since a right to drive over the land concerned could have been lawfully granted, it can be acquired by prescription. Easements may be acquired through prescription, which entitles someone to an easement once they have exercised

On 1 September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) made squatting in residential premises a criminal offence, punishable by up to six months’ imprisonment and a fine of up to £5,000. The purpose of the section was to deal with the increasing problem of squatting in residential premises. Adverse possession was originally a common law doctrine that provided that a person who had occupied land belonging to another to the exclusion of the landowner with the intention of possessing the same could, by virtue of limitation, acquire good title to that land after a continuous period of occupation in excess of 12 years. The

An easement may be established by long use, or 'prescription', for a period of at least 20 years, either under the common law or by statute (under the Prescription Act 1832 (PA 1832)). This is based on the presumption that a historic grant of an easement has taken place (but the grant has been lost). Accordingly, a right claimed by prescription must be capable of satisfying the general rules regarding the grant of easements: it is therefore necessary, among other things, that (i) there is a competent grantor at the relevant time; (ii) the right is within the general nature of right capable of being created as easements; and, (iii) the right must be sufficiently definite. A highway is a way over land which there is a permanent right of way for any member of the public to pass and repass along a defined

Linked companies in a group structure can come within (and be added to) the same sponsor licence (as ‘head office’ and ‘branches’), if they so choose, where there is a specified relationship of common ownership and control. See government guidance: Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence, in particular section: ‘How you can apply if you have multiple branches’. As such, one company in the UK can obtain a sponsor licence, and subsequent group companies linked by a specified relationship of common ownership and control which are created in the UK can either join the existing sponsor licences as branches showing common ownership, or get their own sponsor

A section 42 notice (section 42 of the Leasehold Reform, Housing and Urban Development Act 1993) is one which is served by a qualifying tenant on his landlord to exercise the right to acquire a new lease of their flat. The landlord must give the tenant a counter-notice by the date stated within the tenant’s notice. If the landlord fails to give a counter-notice, then the tenant must apply to the court to enforce his notice. There is a strict six-month time limit in which to do so. If the landlord contests the tenant’s claim, then he has two months to apply to the court for