A power of attorney (POA) is a document that is entered into as a deed under which one party (known as the donor) grants to the other party (known as the donee or attorney) the power to act on behalf of, and in the name of, the donor. Whether a corporation can grant a POA will depend on its constitution or governing document. A company incorporated under the Companies Act 2006 (CA 2006) will usually have an express power in its articles of association enabling it to appoint an attorney under a POA. The instrument appointing the attorney must be executed as a deed; see Precedent: Power of attorney for commercial transactions. As long as a document executed by the attorney is done so in accordance with the powers granted under the POA, it will have the same effect as if it were

Standing Following the vesting of his estate in a trustee in bankruptcy (trustee) pursuant to section 306(1) of the Insolvency Act 1986 (IA 1986), a bankrupt is not entitled to appeal against an order which is enforceable only against his estate (Heath v Tang). After that date, the bankrupt will have no interest in the proceedings because the only assets out of which the claim can be satisfied will have vested in the trustee and the judgment creditor

There is no statutory basis which expressly permits or prohibits an applicant amending the red line on a planning application before it is determined. Whether or not such an amendment can be lawfully effected is likely to depend on the circumstances, including whether the materiality of the amendment and implications for any ownership certificates signed and notices served. In R (on the application of Pridmore) v Salisbury District Council, the red line plan and planning application

In short, yes there is some restriction on the use of CPR 8 in the context of seeking a declaration. This really comes down to where the complexity in the claim lies. CPR 8.1(2) confirms that a claimant may 'unless any enactment, rule or practice direction states otherwise, use the Part 8 procedure where they seek the court’s decision on a question which is unlikely to involve a substantial dispute of fact'. The procedure under Part 8 can certainly be used where the parties require a decision on complex questions. For example, this might relate to the construction of a contract or indeed the construction of a statute. However, the procedure will not be suitable where the underlying facts are complex and in dispute. In particular, cases that involve allegations of fraud are unlikely to be suitable for Part 8. If the defendant considers that the claim is unsuitable for the Part 8 procedure, it can object on the acknowledgment

Terminating open ended consumer credit agreements Unfortunately there is no definitive answer as there does not appear to be any specific wording within the Consumer Credit Directive (CCD) or Consumer Credit Act 1974 (CCA 1974) which specifically deals with open-ended credit agreements (of unspecified duration) that do not contain express termination clauses. However,

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, see: Brexit and financial services: materials on the post-Brexit

Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 33(2) defines a framework agreement as: ‘an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged.’ The Crown Commercial Service (CCS) guidance on framework agreements provides the following interpretation: ‘a framework agreement is a general phrase for agreements with providers that set out terms and conditions under which agreements for specific purchases (known as call-off contracts) can be made throughout the term of the agreement. In most cases a framework agreement will not itself commit either party to purchase or supply, but the

Section 136 of the Companies Act 2006 (CA 2006) states that: '(1) Except as provided by this Chapter— (a) a body corporate cannot be a member of a company that is its holding company, and (b) any allotment or transfer of shares in a company to its subsidiary is void. (2) The exceptions are provided for in— section 138 (subsidiary acting as personal representative or trustee), and section 141 (subsidiary acting as authorised dealer in securities).' CA 2006, s 136 prohibits a company from having shares in its own holding company, unless this is in the capacity of a trustee or personal representative, and the subsidiary company in question does not have a beneficial interest under

The Commercial Rent Arrears Recovery regime (CRAR) was introduced on 6 April 2014 by the Taking Control of Goods Regulations 2013 (the Regulations), SI 2013/1894 under powers contained in the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) to replace the old regime of distress for arrears of rent. It enables the landlord upon the giving of notice to enter into commercial premises and seize the goods of a tenant where there are arrears of rent. It is a more restrictive and controlled regime. The requirements for notice both before and during the process must

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

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

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