Section 35(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (C(AICE)A 2004) states that a company satisfies the community interest test if a reasonable person might consider that its activities are being carried on for the benefit of the community.

An environmental impact assessment (EIA) is an assessment of a project's likely significant environmental effects. It enables environmental factors to be given due weight, along with economic or social factors, when planning applications are being considered, and provides opportunities to reduce them. EIA in respect of town and country planning matters is governed by: • The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the English EIA Regulations), SI 2017/571 in England, and • The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (the Welsh EIA Regulations), SI 2017/567 in Wales In both England and Wales, an EIA is required for: • projects listed in the English and Welsh EIA Regulations, SI 2017/567, Sch 1 for which EIA is required in every case, and • projects listed in the English and Welsh EIA Regulations, SI 2017/571, Sch 2 for which EIA is required only if the particular

The offence The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) aims to augment the registration and operation of companies to combat economic crime. ECCTA 2023, s 199 creates the offence of failure to prevent fraud whereby a large organisation (as defined in ECCTA 2023, s 201) may be criminally liable where a person associated with it commits a fraud offence intending to benefit the organisation or its clients. The relevant fraud offences are listed in ECCTA 2023, Sch 13. It is a defence if the organisation can show that it had in place reasonable prevention procedures or that it was not reasonable for the organisation to have in place such procedures. For further reading, see Practice Note: Failure to prevent fraud—the offence. Associated persons For the purposes of the corporate

A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols. The constitution must be available for viewing by the public. Legislation also provides for various forms of governance. Executive arrangements These are provided for, in England, by sections 9B and 9C of the Local Government Act 2000 (LGA 2000), as amended. Arrangements are required for and in connection with the creation and operation of an executive of the local authority and under which certain functions are the responsibility of the executive (see LGA 2000, ss 9B(1)(a),(4) and 9R(1)). LGA 2000, s 9D has effect for the purposes of determining which of the functions of a local authority are the responsibility of an executive. Subject to any subsequent statutory provision, any local authority function not specified in regulations made under LGA 2000, s 9D(3) is an

According to the case of Re Evans (deceased), Evans v Westcombe, in the absence of any contrary provision in the Will, the costs of

In answering this Q&A, a judgment creditor is not barred from presenting a bankruptcy petition at court based on the judgment once the six-year limitation period has lapsed under section 24(1) of the Limitation Act 1980 (LA 1980). However, where a debt is statute barred (and is not the subject

The rules relating to the withdrawal of an application in proceedings are contained in the Family Procedure Rules (FPR 2010), SI 2010/2955, 29.4. Proceedings under FPR 2010, SI 2010/2955, Pt 9 (applications for a financial remedy) are not specifically referred to in FPR 2010, SI 2010/2955, 29.4. Consequently, permission to withdraw a financial remedy application will only be required if the other provisions of FPR 2010, SI 2010/2955, Pt 29 requiring permission are engaged, namely if one of the parties is a protected party (FPR 2010, SI 2010/2955, 29.4(1)(c)) and/or if the proceedings ‘relate to the welfare or upbringing of a child’ (FPR 2010, SI 2010/2955, 29.4(1)(b)). Whether an application for a lump sum or transfer of property order for the benefit of a spouse, to enable them indirectly to provide a home not only

This Q&A has assumed that the question relates to the position under the law of England and Wales. Infringement of IP rights is a tortious act. Accordingly, as for other torts, the limitation period will be six years from the date on which the cause of action accrued (see section 2 of the Limitation Act 1980 (LA 1980)). The date of knowledge (as defined in LA 1980, s 14) does not apply to claims relating to the infringement of IP rights. It is most frequently relevant in cases involving industrial disease (eg noise-induced hearing loss or asbestosis) and in clinical negligence cases (particularly where the injury in question is the worsening of a condition because the clinical team failed to diagnose and treat the real source of the problem). For more information, see Practice Notes: Date of knowledge—section 14 of the Limitation Act 1980 and Limitation—tort

This Q&A considers whether the decision in Frischmann v Vaxeal Holdings SA is authority that a legal assignment cannot be validly made in accordance with section 136 of the Law of Property Act 1925 (LPA 1925) if the assignment is entered into by an attorney acting for and on behalf of an individual assignor or a corporate assignor. Legal and equitable assignments An assignment is an immediate transfer of an existing proprietary right, vested or contingent, from one party to another. For a legal (otherwise known as a statutory) assignment of a debt or other legal thing in action to be effective, LPA 1925, s 136 requires that the assignment must: • be in writing under the hand of the assignor • be absolute, rather than a conditional or a partial assignment, and not be by way of charge

The main purpose of listing is to protect a building and its surroundings from changes which materially alter the importance of the building or its setting. Listing affects all interior and exterior features of a listed building and anything attached to it, unless a particular feature is expressly excluded from the listing

In deciding whether to disclose the joint assets, consider the following: • section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), in particular, I(PFD)A 1975, s 3(c) provides that when making an order under I(PFD)A 1975, s 2, the court must consider ‘the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future’ • I(PFD)A 1975, s 3(6) provides: ‘in considering the financial resources of any person for the purposes of this section the court shall take into account his earning capacity and in considering the financial needs of any person for the purposes of this section the court shall take into account his financial

A person appointed as a director of a company is an office-holder and is not, by virtue of that appointment alone, also an employee of the company. The status of the individual as an office holder of the company is, accordingly, distinct from any status they may have as an employee. The concepts are not, however, mutually exclusive. A director may enter into a service agreement with the company and thereby become its employee as well as a director of it (see, for example, Precedent: Executive service agreement). For further information, see Practice Note: Office-holders, in particular the main section dealing with Office-holders as employees or workers for purposes of statutory rights. Even where a director does not have a service agreement with the company, they may nevertheless have the status of ‘employee’ for employment law purposes. Determining if an individual