For UK income tax purposes, there would, as a technical matter, appear to be broad grounds to treat a non-UK resident individual’s share of a dividend received directly from a UK resident company by a limited partnership in which that individual has a direct interest (scenario one) in the same way as a dividend received directly from the company by a non-UK resident individual member of the company (scenario two). However, HMRC would not appear to treat the two in the same way, and there may be

The Companies Act 2006 (CA 2006) contains provisions that restrict and control substantial property transactions entered into between a company and its directors. Approval is required for such transactions as they involve directors (or their connected persons) and are considered to be particularly open to abuse. The term ‘substantial property transaction’ includes an arrangement under which a company acquires or is to acquire (directly or indirectly) a substantial non-cash asset from a director of that company or a person connected with

What is a grazing licence? A grazing licence is an agreement under which a landowner allows a grazier to use the landowner’s land to graze animals belonging to the grazier with no intention or expectation that the grazier will have exclusive possession of, or any proprietary interest in, the land. A grazing licence will often be granted for the summer season (April to October), but can be granted for any period and at any time of year. There is no statutory regulation of grazing licences. For further guidance, see Practice Note: Grazing agreements. What is a farm business tenancy? An agricultural tenancy granted on or after 1 September 1995 will be a farm business tenancy (FBT) governed by the Agricultural Tenancies Act 1995 (ATA 1995). The only exception is where a tenancy granted after that date is a succession tenancy under the Agricultural Holdings Act 1986 (AHA 1986). Succession tenancies only arise in the following circumstances: • where a tenancy granted before 12 July 1984 is one to which AHA 1986

For the purposes of this reply, it is assumed that the mother’s Will appointed both the child’s grandparents and aunt and uncle as guardians for the child and that at the date of the mother’s death the father had parental responsibility. Section 5(3) of the Children Act 1989 (ChA 1989) provides that a parent who has parental responsibility for their child may appoint another individual to be the child’s guardian in the event of that parent’s death. This is done ordinarily by a nomination in a Will, though by ChA 1989, s 5(5) such appointment will have effect if: • it is made in writing, is dated and is signed by the person making the appointment, or • in the case of an appointment made by a Will which is not signed by the testator, is signed at their direction in accordance with

To ascertain whether the HGCRA 1996 applies to a surveyor's appointment, it must be determined whether the surveying work the surveyor is engaged to perform is related to ‘construction operations’, and whether any of the statutory exclusions apply as set out in section 105

Assignees are not directly liable for breaches of tenant covenants committed before the assignment. For old tenancies this proposition is derived from case law. However, taking an assignment of a lease with outstanding breaches of tenant covenant can have severe consequences. The position depends on whether the breach is ‘once and for all’ or ‘continuing’. Non-payment

Usually the ‘authorised’ planning use of a property is the use or uses permitted by any planning permissions which relate to the property, which have either been implemented or which are still capable of implementation. This is to be distinguished

On receipt of the arbitral award, parties should check that it is ‘complete’ in the sense of meeting formal requirements, noting their importance for the purposes of any challenge or appeal in respect of the award and its recognition and enforcement. The following Checklist, while not exhaustive, sets out some of the key considerations: • Is it in writing? • Do the relevant rules allow for electronic transmission? (see eg LCIA Arbitration Rules art 26.7—the LCIA Rules, like and many other institutional rules, give primacy to making and transmitting awards in electronic form) • Has it been signed by all the arbitrators, or by those assenting to it? (Note that several sets of institutional rules (including the LCIA Arbitration Rules (art 26.6)) provide for signing by only the majority or the presiding arbitrator in certain circumstances) • Does the award

It is assumed that this question applies to the standard of ‘reasonable care and skill’ and ‘reasonable endeavours’ to a commercial contract and to business-to-business general commercial agreements. An obligation to use ‘reasonable care and skill’ is an absolute obligation as opposed to an obligation to use ‘reasonable endeavours’ to perform an obligation. Some of the factors that may be appropriate to consider when drafting and negotiating such terms are set out below.. Reasonable endeavours What is clear is that the exact meaning of an endeavours expression will always be subject to the standard rules of contract interpretation (and so will not mean the same thing in any given context) (Jet2.com Ltd v Blackpool Airport Ltd) and will be an inherently fact specific exercise. See Practice Note: Reasonable and best endeavours—Absolute obligations compared to ‘endeavours’ obligations. There has been substantial case law on what is required to establish ‘reasonable endeavours’ and comparisons with absolute obligations and other levels of

We refer you to our Practice Note: Standard Conditions of Sale (Fifth Edition—2018 Revision)—responsibility for the property between exchange and completion which covers what issues might arise between exchange and completion and how they are dealt with in the SCs. Under the heading Who

Section 93 of the Companies Act 2006 (CA 2006) relates to the issue of shares for non-cash consideration in connection with the re-registration of a private limited company as a public limited company. In short, this section requires that a valuation report is produced in accordance with CA 2006,

The tenancy agreement may well envisage the situation whereby the tenant wants to change the keys and set out the procedure for doing so. The terms of the tenancy agreement will take precedence as to how to deal with the situation, and as such should be checked thoroughly. The legal position is that locks, keys bolts and bars are as much part of the building as the doors and windows, and cannot therefore be removed by the tenant. In Bishop v Elliott [1855] 11 Ex. 113 (not available on Lexis®Library) Coleridge, J stated: 'With respect to locks and keys, bolts, and bars, there can be no question, whether properly called fixtures