In personal insolvency, it is possible for the debtor to make an application to set aside a statutory demand. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Pt 7, Chapter 2 relates to statutory demands under sections 123(1)(a) and 222(1)(a) of the Insolvency Act 1986 (IA 1986) which apply to companies,

Practice Note: Severance of a joint tenancy sets out the various ways in which severance can occur (including severance by statutory written notice under the Law of Property Act 1925, s 36(3) (LPA 1925) and severance by agreement or conduct), who can sever and what the effect of severance. The most common way is to serve written notice from one of the joint tenants, detailing

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Paragraph 89(1) of Schedule 2 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) states that a share incentive plan (SIP) may provide for the relevant company to issue a plan termination notice in respect of a SIP ‘in circumstances specified in the plan’. Once a termination notice has been issued in relation to the plan, this triggers an obligation under paragraph 89(2) for a copy of the termination notice to be issued without delay to all of the individuals listed in in paragraph 89(2). A three-month notice period then starts to run in accordance with paragraph 90(4), at the end of which trustee

Under Part 1, Rule 3(3) of the Land Registration Rules 2003 (LRR 2003), SI 2003/1417 the registrar has power to divide a title in the circumstances you describe. LRR 2003, SI 2003/1417, Pt 1, r 3(3) provides: ‘3 Individual registers and more than one registered estate, division and amalgamation • The registrar may include more than one registered estate in

The requirements for sponsorship of a Skilled Worker are detailed in the Immigration Rules, Appendix Skilled Worker, and also in the Home Office’s various published guidance documents for sponsoring employers. See the various Practice Notes in: Skilled Worker—overview. As a preliminary point, it should be noted this query will be addressed as applying to a proposed Skilled Worker who is already an existing employee of the sponsoring

In answering this Q&A, we have assumed you are referring to a business-to-business commercial contract subject to the governing law of England & Wales and in respect of which no specific industry or sector regulations apply. In formulating our reply, we have highlighted guidance on some of the key considerations in respect of drafting duration and termination clauses (which may include leaving the contract silent on the issue). Such considerations include (but may not be limited to): Term and duration clause Whether an agreement is of indefinite duration (either because it expressly provides that this is the case, or because it is silent on the issue) depends on its terms. How the parties agree to structure the agreement is a matter for the parties themselves and will be interpreted by reference to the parties’ intentions at the time as well as the usual principles of common law interpretation. For more on this, see Practice Notes: Structure

A power of attorney (POA) is a formal instrument, executed by deed, by which a legal person (the donor) gives another legal person or persons (the attorney(s)) authority to act in its name and on its behalf, either generally or for specific purposes. There are several different types of POA. This Q&A assumes the POA in question is a general or specific power of attorney granted under the Powers of Attorney Act 1971, and not a lasting POA under the Mental Capacity Act 2005. A donor may appoint more than one attorney to act either jointly (ie all attorneys are required to act collectively), or jointly or severally (ie just one of a number of attorneys can act individually) under the same instrument. It is also possible for the POA to specify that any two or more of a greater number of attorneys may act in any particular case, and/or to be structured

The right of access is one of several data subject rights set out in Assimilated Regulation (EU) 2016/679 UK General Data Protection Regulation (UK GDPR). The right of access (also called a subject access request, or DSAR) is often seen as the gateway right, enabling data subjects to exercise other rights such as the right to rectification or erasure. The right of access entitles data subjects to obtain from data controllers:

As this question has been asked in isolation, it is unclear what the drivers are for wishing to substitute the original settlor company to the Share Incentive Plan (SIP) trust deed, or whether an alternative action (such as an assignment by the original settlor of their retained rights and obligations to a new entity) may achieve the desired result. However, from a legal perspective it is not possible to retroactively substitute a settlor under a trust deed, as the trust deed reflects the agreement between the parties to that deed when the relevant trust was originally established (and the arrangements made between them at that time in order to bring the trust into existence) and therefore cannot be amended to suggest that different parties were involved in this historically. Some trust deeds contain powers allowing the introduction of additional settlors or

Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see section 89 of the Insolvency Act 1986 (IA 1986)) and where a company enters administration (see the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17). Section 20 of the Statutory Declarations Act 1835 (SDA 1835) prescribes the form of the statutory declaration to be given is as set out in the SDA 1835, Sch. Although this gives the form of words to be used, it makes no other prescription as to the formal requirements to be followed. The practice in this area is, therefore, largely customary. Custom dictates that the person giving the statutory declaration and the solicitor administering in it are in the same place, typically the solicitor’s office. Prior to 25 March 2020, the Law Society website displayed a guidance in response to a question asking, ‘Can a statutory declaration be taken by Skype?’. That guidance suggested

Nature of the houseboat The type of security that may be taken will depend on the nature of the particular houseboat (ie whether it is considered a ship or a chattel). Under section 313(1) of the Merchant Shipping Act 1995, the definition of a ship ‘includes every description of vessel used in navigation’. It is not clear from the information received whether this applies to the particular houseboat. In considering the position, you may also find the cases of Environment Agency v Gibbs and Chelsea Yacht and Boat Co Ltd v Pope helpful, as these look at the definition of a vessel and the status of houseboats. Security if houseboat considered a ship/vessel The UK Ship Register is maintained by the Maritime and Coastguard Agency (MCA) and is divided into four parts: • Part I—merchant vessels and pleasure vessels or yachts over 24 metres in length • Part II—fishing vessels (either by 'full'