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Q&As
Reserved legal activities Certain legal activities can only be carried on by a person authorised by one of the legal services regulators. These are known as ‘reserved activities’. The reserved activities are set out in section 12 of the Legal Services Act 2007 (LSA 2007), and the scope of each activity is set out in LSA 2007, Sch 2. The reserved activities are: • the exercise of a right of audience • the conduct of litigation • reserved instrument activities, eg conveyancing • probate activities • notarial activities • the administration of oaths The Legal Services Board website has a useful summary of each reserved activity and its scope. The reserved activity of the conduct of litigation
Q&As
Reserved legal activities Certain legal activities can only be carried on by a person authorised by one of the legal services regulators. These are known as ‘reserved activities’. The reserved activities are set out in section 12 of the Legal Services Act 2007 (LSA 2007), and the scope of each activity is set out in LSA 2007, Sch 2. The reserved activities are: • the exercise of a right of audience • the conduct of litigation • reserved instrument activities, eg conveyancing • probate activities • notarial activities • the administration of oaths The Legal Services Board website has a useful summary of each reserved activity and its scope. The reserved activity of the conduct of litigation
Q&As
Section 46(1) of Public Health (Control of Disease) Act 1984 (PH(CD)A 1984) states that: ‘It shall be the duty of a local authority to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.’ The local authority may then recover from the deceased person’s estate expenses incurred (PH(CD)A 1984, s 46(5)) which becomes a civil debt by proceedings brought within
Q&As
For information on wages for agricultural workers in Wales generally, see the section of Practice Note: Employment law in Wales entitled Agricultural workers: wages, sick pay and holiday pay. For information on the accommodation offset provisions in regulations 9(1)(e), 14, 15 and 16 of the National Minimum Wage Regulations 2015 (NMW Regs 2015), SI 2015/621, see the section of Practice Note: National minimum wage entitled Relevance of the provision of living accommodation. As confirmed in the Welsh Government guidance: Agricultural Wages in Wales 2020, article 15(1) of the Agricultural Wages (Wales) Order 2020 (2020 Order), SI 2020/347 ensures that: • where a worker is provided with a house by the employer,
Q&As
In other words, could a council lawfully enter into a dedication agreement with the landowners and agree to maintain the road, given that the road is already a highway ie dedicated? An agreement under section 38 of the Highways Act 1980 (HiA 1980) (a section 38 agreement) can be entered into whereby the highway authority can agree to adopt an existing 'way', provided the landowner has the necessary power to dedicate the way. A landowner will have such power, but if there are
Q&As
Form D8 was last updated on 13 October 2022. The effect of ticking yes for the applicant in box 8.1 of the post-6 April 2022 Form D8 is the same as including a prayer for a financial order for the petitioner in a petition issued prior to that date. This will overcome the almost absolute bar on the court’s jurisdiction to entertain an application made after remarriage contained in section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973). The impact of the bar is explained in
Q&As
An employer will often include in an employment contract an express right to make a payment in lieu of notice (PILON) as an alternative to giving notice, to ensure it has the option of terminating the employee's employment, and removing the employee from the workplace, immediately. A dismissal without notice in those circumstances will not be unlawful at common law and will take effect when the employer notifies the employee of the termination. For further information, see: • the section on ‘Contractual PILONs’ in Practice Note: Payment in lieu of notice (PILON) • the Drafting Notes for clause 3.10 in Precedent: Executive service agreement In the context of the statutory protection against unfair dismissal under Part X of the Employment
Q&As
Under Landlord and Tenant Act 1988 (LTA 1988) where a written application is served on a landlord, he owes a positive duty, within a reasonable time to give consent, except in a case where it is reasonable not to give consent. We are not aware of any authority on whether the fact that an incoming assignee would not be able to offer a meaningful authorised guarantee agreement in the future would be a considered reasonable reason to withhold consent. However, the purpose of a covenant against assignment without consent is to protect the landlord from having his premises used or occupied
Q&As
For the purposes of this Q&A, it is assumed that the relevant partnership is a limited partnership established in England under the Limited Partnerships Act 1907 (LPA 1907), as subsequently amended with effect from 6 April 2017 by the Legislative Reform (Private Fund Limited Partnerships) Order 2017, SI 2017/514 (LRO). A limited partnership is defined under LPA 1907 as consisting of: • one or more persons called general partners who are jointly and severally liable for all debts and obligations of the partnership and • one or more persons called limited partners For further information on the differences between general partners
Q&As
Although the courts have held that the Companies Act 2006 (CA 2006) does not give a technical definition of ‘financial assistance’, CA 2006 does provide examples of the types of transactions which constitute financial assistance. Looking at these, we consider it unlikely that there is any financial assistance in the given scenario.  In regard to the point of whether the grant of an option to a non-executive director (NED) on this basis could fall within CA 2006, s 677(1)(a) as a gift, at least to the extent of the difference between the shares’ nominal value and their market value, it could be argued that a distinction needs to be made between where the shares being used to satisfy the option are being issued by the company and where the shares are being purchased
Q&As
Our Q&A: Under a lease where a fee is payable by the tenant for any disposition, is a grant of an AST a disposition for the purposes of the lease? Will the requirement to pay a fee on the making of the disposition be subject to an implied requirement of reasonableness? states that in the absence of a definitions clause in the lease, regard
Q&As
This Q&A considers whether the grant of an underlease a property disposal in circumstances where there is a restriction on title preventing a disposal without third party consent. A grant of an underlease is a disposal of an interest in land. While there is no definition of ‘disposition’ within the Land Registration Act 2002, ‘Dispose’, ‘disposal’ and ‘disposition’ are words of wide meaning (Hudson v Hathaway paragraph [51]). A grant of a lease, and therefore an underlease, is clearly, on the face of it, a disposal. This is reflected in property statutes. For example: • section 205 of the Law of Property Act 1925 refers to