A company registered with Companies House can be struck off the register by the Registrar of Companies in circumstances where it appears that the company is no longer in operation or business (ie defunct). The Registrar is likely to instigate this process if a company has failed to make its annual statutory filings within a reasonable period following the filing deadline. Shortly after being struck off the company would usually be dissolved. It is possible to restore to the register a company which has been struck off. The Companies Act 2006 (CA 2006) sets out the relevant procedures, which are discussed in this Q&A. Time limits The time limit for applying to have a company reinstated is usually six years from the date of dissolution of the company. However, where the company was struck off and dissolved pursuant to sections 652 or 652A or of the Companies Act 1985 (CA 1985) (which are no

Is there an abstraction? Water Resources Act 1991 (WRA 1991), s 24 provides that: ‘(1) Subject to the following provisions of this Chapter and to any drought order [or drought permit] under Chapter III of this Part, no person shall— (a) abstract water from any source of supply; or (b) cause or permit any other person so to abstract any water, except in pursuance of a licence under this Chapter granted

How the CAP code applies to a loyalty scheme The CAP Code applies to loyalty schemes since they are methods of promotional marketing for supermarkets (section 8). Section 5 further lists the essential rules for promoting a loyalty scheme to a child. See Practice Note: Advertising to children. Each loyalty programme might have specific terms and conditions apply when children are concerned. CAP Code Rule 15.18 and Rule 18.5 place targeting restrictions to protect children from certain products like alcohol, or high in fat, salt and sugar (HFSS) goods etc. Depending on the type of loyalty scheme, it will be important to ensure that it is not inappropriately targeted at children. See Practice Notes: Sector advertising law and regulation and Food advertising. It is therefore

The role of experts in civil proceedings is generally governed by Part 35 of the Civil Procedure Rules 1998 (CPR) (CPR 35). Expert evidence is restricted to that which is reasonably required to resolve the proceedings (CPR 35.1), and the overriding duty of the expert is to help the court on matters within their expertise (CPR 35.3). Expert evidence cannot be relied upon without the permission of the court (CPR 35.4) or where it is otherwise required by the CPR. That rule also contains provision regarding fixed cost medical

The executors are entitled to reimburse themselves from the estate for any necessary expenses which they incur. If the value of the estate were to be insufficient to meet those expenses, the executors would not be able to recover the shortfall. If the expenses were not necessarily incurred or if the amount of the expenses is unreasonable (for example if the costs of travelling by car were

Without prejudice offers in the First-Tier Tribunal (Property Chamber) We are not aware of any authority which would suggest that the Civil Procedure Rules 1998 (CPR) apply to the First-Tier Tribunal/Property Chamber. Each Chamber of the First-Tier Tribunal has its own set of procedural rules. A list of the rules currently in force in respect of the First-Tier tribunal can be found on the Justice website. The relevant rules in respect of the Property Chamber can be found in the Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169 (made under the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)). The Property Chamber (and First-Tier generally) is governed by an overriding objective (similar

We have assumed that: • the trust described in the question is a trust created during the lifetime of the settlor, who dies before the beneficiaries of the trust have become absolutely entitled to capital • the question refers to a situation where 'the trustees do not have discretionary powers in relation to the discretionary class'. That appears to be a contradiction, so it is assumed that there is no discretionary class of beneficiaries and the terms of the trust create a vested or contingent future

For reference, section 142(4) of the Inheritance Tax Act 1984 (IHTA 1984) provides that: ‘…(4) Where a variation to which subsection (1) above applies results in property being held in trust for a person for a period which ends not more than two years after the death, this Act shall apply as if the disposition of the property that takes effect at the end of the period had effect from the beginning of the period; but this subsection shall not affect the application

The straightforward answer to this question is that no, there is no equivalent to section 271(3) of the Insolvency Act 1986 (IA 1986) for winding-up petitions. The equivalent part of IA 1986 relating to the winding up of a company is IA 1986, s 125, which does not contain wording similar to IA 1986, s 271(3) for a bankruptcy petition. For more details, see Practice Note: Compulsory winding-up of a company—the process and procedure. However, IA 1986, s 125 does give the court considerable discretion not to wind up a company if it is does not think winding up is the right solution. See IA 1986, s 125: ‘On hearing a winding-up petition the court may dismiss it, or adjourn the hearing conditionally or

For companies subject to the Model articles—private limited company—after 28 April 2013, the wording in model article 3 is significant: ‘Subject to the articles, the directors are responsible for the management of the company’s business, for which purpose they may exercise all the powers of the company.’ Further, the opening words of model article 5 (delegation) are generally seen as confirming the concept of collective responsibility: ‘Subject to the articles, the directors may delegate any of the powers which are conferred on them under the articles….’ As referenced in Practice Note: Powers of directors, the concept of collective responsibility (in the context of authority of directors)

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research,

This Q&A relates to IP law only. For more information about works which might be protected by copyright, see Practice Notes: Copyright—protectable works and Copyright—subsistence and qualification. The general position is that the Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to do the following restricted acts in respect of a work protected by copyright: • copy the work • issue (distribute) copies of it to the public • rent or lend it • perform, show