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Background A statutory declaration is a solemn verification of fact made otherwise than for judicial proceedings. In practice the making of a statutory declaration is a means of proving or evidencing matters of fact and it is one which is commonly used in non-litigious proceedings, and in such proceedings serves the same purposes as affidavits in litigious proceedings. Making a declaration We have been unable to find any authority that suggests there are statutory restrictions on the person that can make a declaration. If there are no such restrictions, it will be necessary
Q&As
This Q&A asks whether there are any restrictions on, or tax consequences as a result of, trustees of UK-based pension scheme being resident out of the jurisdiction. As a general rule, anyone can be appointed a pension trustee, provided: • in the case of an individual, they are over 18 and have mental capacity • in the case of a company, it is consistent with its constitutional documentation • in either case, they are not disqualified by reason of section 29(1) of the Pensions Act 1995 (PA 1995), namely they or a director • have not been convicted of any offence involving dishonesty or deception • have not been made bankrupt, subject to a debt relief order or made an arrangement with their creditors • have not been disqualified as acting a director, and • in either case they are not prohibited pursuant to an order
Q&As
Automatic renewal clauses Automatic renewal clauses may take a variety of forms to the following effect: • indefinite agreement subject to notice—“This Agreement shall continue in force for a period of [three] years from the commencement date. Upon the expiry of such period, the agreement shall continue in force until either party serves notice to terminate the Agreement in accordance with the provisions of clause [x] in which case this Agreement shall terminate [sixty] days from the date of such notice” • indefinite renewals subject to notice—“This Agreement shall be renewed automatically for successive terms of two years unless either party serves notice in writing to the other at least [sixty] days prior to the expiration of any term” • renewal for fixed period subject to notice—“Upon the expiry of the initial term, this Agreement shall be automatically renewed for a period of [two] years, unless at least [sixty] days prior to the renewal, either party gives notice in writing to the
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Section 14 of the Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014) states that the rules of a Co-operative and Community Benefit Society (CCBS) must contain provisions regarding the admission of
Q&As
Although imprisonment in England and Wales leads to the temporary loss of certain rights (most obviously the loss of liberty for the term of the imprisonment, but also, for example, the right to vote), prisoners do not lose the right or the capacity to enter into contracts. Practical issues can arise as to how the individual is able to enter into the contract, which can amount to restrictions, but which are able to be overcome. For example, where a specific method of entering into a contract is required (such as by using an electronic form, or by obtaining a wet signature) this may not be immediately possible if access to
Q&As
The simple answer to this question is—no, provided that the security barrier is safe for pedestrian access. A security barrier is typically a gate, made up of a rising arm, or swinging horizontally from a fixed hinge. It is perfectly possible for a security barrier to be safe for vehicles and pedestrians, but they are generally engineered to be suitable only for one of these two purposes. A security barrier which is designed to prevent vehicles is not ideal for preventing pedestrians from passing. Cars and people are so different in size and mobility, that it is easier to install two gates of different types. From a security perspective, a simple vehicular gate will not keep pedestrians out. Much more importantly, a vehicular gate can be very dangerous to pedestrians. A rising barrier can easily fall onto a pedestrian, while a swing gate is a crush
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Practice Note: Garden leave and the right to work states that: ‘In broad terms, putting an employee on “garden leave” means the employer sending the employee home on full pay during the employee's notice period. It can be done when an employee resigns or when the employee is dismissed with notice. The employee remains employed by the employer and, therefore, subject to the (express and implied) terms and conditions of their employment contract.’ Assuming the above applies, and subject to the below caveat, it would appear that there should be no risks from an immigration perspective if a skilled worker travels and returns to the UK for a holiday whilst on garden leave and before the agreed end employment
Q&As
There are no rules nor law as such for these matters as each case will be driven by its own unique facts. It is a matter to discuss with potential personal representatives and to consider in the light of any specific policies laid down by the firm as well as general professional ethics but, ultimately it is down to the personal representative (PR) to determine the procedures to adopt. Guidance may be drawn from the
Q&As
Unfortunately we do not have guidance which addresses your precise query. However, we hope the following is useful to your research. Parents may wish to record a Child Protection Conference, perhaps as a form of note-taking, or potentially because they feel they need a form of protection against misleading minutes being produced at the conclusion of the Conference. A Child Protection Conference is not a court hearing, therefore a parent will not be in contempt of court if they record what is being said. The extent to which the recording (and any subsequent use or other 'processing' of 'personal data' in the recording) by parents complies with data protection law would need to be considered in the circumstances, including under the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 and Data Protection Act 2018 as relevant. For example, some of the factors to consider
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A party to whom a document has been disclosed may generally only use that document for the purpose of the proceedings in which it was disclosed. This is often referred to as the 'collateral purpose rule'. As such, during proceedings the ‘starting point is that each party should be allowed unrestricted access to inspect the other parties' disclosure subject to the implied undertaking that the disclosure will not be used for a collateral purpose' (The Libyan Investment Authority v Societe Generale S.A referring to CPR 31.22 and Church of Scientology of California v Department of Health). However, there are a number of measures that parties can take during proceedings
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The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 prohibits unfair commercial practices that have a detrimental effect on consumers' economic interests. Commercial practices includes product labelling. For further guidance, see Practice Note: The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [Archived]. CPUTR 2008 prohibits unfair commercial practices, such as misleading actions under CPUTR 2008, SI 2008/1277, reg 5. For example, a