The overarching objective of the SRA Accounts Rules 2019 is to keep client money safe. Client money must be: • paid into a client account promptly • held in a client account, except when the rules provide to the contrary You should have systems and procedures for: • identifying

Progress reports are to be sent to creditors by insolvency practitioners (IPs) appointed as administrators or liquidators of companies under sections 92A and 104A of the Insolvency Act 1986 (IA 1986) or trustees in bankruptcy under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 18.8. The progress reports have to give information including the action taken by the office-holder during the period covered by the progress report, the remuneration drawn by the insolvency office-holder and likely outcome of the insolvency procedure in terms of potential dividends to creditors. The progress reports are to be sent annually within

Owned or leased? It is important to firstly check whether the solar panels are owned by the property owner or by a third party via a lease over the airspace above the roof. The official copies for the property will reveal this. If the solar panels are leased there are several additional considerations such as: • whether the solar panels and the lease are acceptable to a mortgage lender • the maintenance provisions for the solar panels in the lease • what the provisions are in relation to the removal of the solar panels and at whose cost in the event works are required to the roof of the property Home owners who have purchased solar panels For the home owner who has purchased the solar panels, they benefit from free electricity generated from the panels. In addition, surplus electricity can be sold back to the national electricity suppliers under a feed in tariff system

Deferred shares A deferred share is one where the ability to participate in dividends or a return of capital is deferred to all other classes of share capital, including ordinary shares. Such shares (sometimes referred to as ‘founders’ shares’) may be granted to promoters of a company to give them a stake in the company while leaving the voting shares available for subscription by other investors. In recent times, deferred shares have commonly arisen on a conversion of shares (pursuant to a company’s articles) where convertible preference shares convert into a certain number of ordinary shares. A company’s articles may provide that if the resulting

This Q&A raises the issue of the extent to which a person who takes an assignment of the reversion to a residential lease is able to recover rent which fell due before the date upon which it takes effect. Upon notice of assignment of the reversion being given to the tenant, then in the case of leases granted before 1 January 1996, the assignee is entitled to the payment of rent falling due in the future under section 141 of Law of Property Act 1925 (LPA 1925). The assignee is also able to claim arrears of rent which fell due prior to the assignment, the landlord who effects the assignment losing that right once it takes effect: re King. In the case of a lease granted

In answering this Q&A we have limited our research to cover Part 36 issues where a costs budget has been filed late. It is important to be aware that the provision in CPR 3.13 covers not only a complete failure to provide a cost budget but also any failure to comply with the relevant rules and that includes late service and/or filing of the costs budget—the date for service/filing is stipulated in CPR 3.13. Effect on costs Where a costs budget is filed late, the sanction in CPR 3.14 may be applied by the court ie the party will be treated as having filed a limited costs budget such that only the applicable court fees will be recoverable from the other side in the event it is

We refer you to the following cases which you may find useful for your purposes: • Barclays Wealth Trustees (Jersey) Limited v Erimus Housing Limited: this concerned tenants who were holding over and who did not have security of tenure. A tenant who holds over at the end of their lease is a tenant on sufferance until the landlord consents to the tenant's possession. With consent, the tenant becomes at least a tenant at will. If the tenant at will continues to pay rent, even a rent previously reserved at an annual rate, that is not inconsistent with a tenancy at will. Specifically, 'the payment of rent gives rise to no presumption of a periodic tenancy' • Longrigg, Burrough and Trounson v Smith: it was held that acceptance of rent after the lease of a shop expired was not conclusive. The true question was whether the parties had

The main issue of concern where an agreement under section 38 of the Highways Act 1980 (HiA 1980) is being entered into by both a developer who does not have an interest in the land, and landowner, is that only the landowner(s) can dedicate the

While there is nothing to prevent someone from being employed by two or more individuals or entities at the same time, when drawing up the terms of employment, consideration will need to be given to where the respective rights and obligations of each of the parties reside, and the requirements and expectations of each of the employers. For example, consideration may need to be given to: • allocation of working time • reporting and line management • holiday, sickness and other absence • maternity and other family-related leave, and flexible working requests • discipline, grievance and performance management procedures • appraisals • awards of pay, bonus and commission In each case, it will need to be clearly set out whether: • each employer manages the employee in respect of the work that the employee does for that employer, or • one employer manages the employee on behalf of both employers, in which case it will need to be clear

It is difficult to give any clear guidance as to what may or may not be relevant to any particular procedure or process in a clinical setting. The starting point is the standard framework for negligence when dealing with a patient's entitlement to medical care and support. There is a long established set of principles around breach of duty and causation. One

In this Q&A we have assumed that 'email journaling' means a process where emails entering or leaving a server are copied and sent to a single email account in such a way that there is a journal of every email coming and going in a user determined order (usually time/date). We have limited this answer to cover situations falling within the assumptions above and to situations where the journal account cannot be altered by any user of the server with normal privileges. Save for one respect there are no specific requirements relating to journaling over and above those rules applying for emails generally.

Where a landlord serves notice under section 5 of the Landlord and Tenant Act 1987 (LTA 1987) indicating an intention to dispose of a relevant building, the qualifying tenants may serve an acceptance notice exercising the right of first refusal. See, generally, Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. An acceptance notice is served on the landlord by the ‘requisite majority’ of qualifying tenants. For details of the requisite majority, see Commentary: Requisite majority: Tenants' Right of First Refusal [2.57]. The notice