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GLOSSARY
A major interest is a freehold or leasehold estate. A major interest for these purposes does not include a lease with a term of seven years or less. At Budget 2018, the government amended the definition of major interest to confirm that a major interest includes an undivided share in a major interest in a dwelling. This has effect from 29 October 2018, although HMRC is of the view that the legislation as drafted before this amendment enabled them to tax all purchases of undivided shares in land.
NEWS
Law360: The pensions sector may have been sold the promise of political consensus, however the election of a new Labour government opens the door for a fundamental shift in policy for the industry over the longer term.
NEWS
Environment analysis: A new review, commissioned by Steve Reed and led by Dan Corry, has found the current system of environmental regulation to be outdated, inconsistent and highly complex – delivering for neither nature nor growth. The review concludes that a “bonfire” of regulations is not the solution. Instead, 29 recommendations are made for streamlining regulation, all of which the government is actively considering. A more dynamic, streamlined approach to environmental regulation is proposed to drive economic growth and safeguard nature under the Plan for Change.
PRACTICE NOTES
Types of patent claims Patent claims may be separated into two broad categories: product claims and process claims. Product claims and process claims are recognised as having a different scope of protection in section 60(1) of the Patents Act 1977. However, patent claims may be further categorised based on the particular arrangement or features of the claim. Such arrangements and features have arisen through a combination of case law, patent office practice and legislative developments. This Practice Note describes some of the main types of patent claims commonly encountered by practitioners. Claims to products A product claim is a claim to a thing per se, such as an article, machine, substance or composition. Such claims require the product to have certain technical features, which may be structural or functional in nature, to distinguish it from what has gone before. Structural features are physical characteristics of a product, whereas functional features are actions the product is able to perform. Any structure which is able to perform the specified function is potentially within the scope of a functional
Q&As
A commercial lease will often contain provision for the landlord to recover from the tenant the costs of maintaining the premises, for example in respect of gas and electricity, if the lease does not make provision for these to be paid directly by the tenant and most particularly in respect of works for the maintenance of the premises. This will be done through a requirement for the tenant to pay a service
GLOSSARY
A majority shareholder is a member who hold more than 50% of the shares in a company that has voting rights attached, meaning that it can pass ordinary resolutions (or, where it holds 75% or more of the shares, special resolutions or any other resolution that must be passed by a higher majority) and therefore has a controlling interest. In a majority/minority joint venture, the majority shareholder will usually be permitted to appoint a majority of the directors to the JVC's board and/or to appoint a chair (potentially with a casting vote) and will have control of the JVC's board (as most board resolutions will require simple majority approval).
PRACTICE NOTES
This Practice Note identifies the factors you should consider when advising a client where an issue or potential dispute has arisen in the operation of a joint venture (JV). It focuses on a majority-minority JV relationship established through a private limited company, the joint venture company (JVC). It should be read alongside Practice Note: Corporate joint venture dispute—dealing with deadlock: initial considerations. For general guidance on responding to a threatened dispute in a JV context, see Practice Note: Joint venture disputes—how to respond. Joint venture company disputes—initial considerations Whatever structure is used to establish the JV relationship, central to the relationship is the joint venture agreement (JVA) which sets out the JV parties' obligations to one another and which they can enforce as against each other. Needless to say, this is a contract between the parties and, as such, interpreting its provisions requires application of the general rules of contract interpretation. For guidance, see: Contract interpretation—overview. Claims that can arise under other types of
GLOSSARY
Funds/economic resources are made available for the benefit of a target only if they thereby obtain, or are able to obtain, a significant financial benefit. OFSI says it will apply the normal and everyday usage of those words. The provision of basic economic resources for personal consumption is not likely to be viewed by OFSI as having made them available directly or indirectly to or for the benefit of a designated person.
GLOSSARY
A make whole or a 'spens' provision, provides protection to bondholders in the event that the bonds are redeemed early. It compensates bondholders for the loss of opportunity to earn interest at the original rate if the bond had continued to maturity.
GLOSSARY
The person who takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation shall be regarded as the maker of, and as having made, the database.
NEWS
Private Client analysis: From April 2027, some pension death benefits will fall within the scope of Inheritance Tax (IHT). New Regulations were published on 15 July 2026 which will assist with the flow of information between pension scheme administrators (PSAs) and personal representatives (PRs). Produced in partnership by Estella Bogira, Stephen Richards, Gillian Johnson and Wesleigh Kirby of Stephenson Harwood.
PRACTICE NOTES
This Practice Note provides guidance on making a request for further information using the procedure set out in CPR 18 and CPR PD 18 (known as a Part 18 request). It explains what a Part 18 request is; why to make a Part 18 request and when to make it; what can be asked for in a Part 18 request; the procedure for making a Part 18 request; the consequences if a request is not answered, including making an application for an order under CPR 18.1 and seeking an unless order; and the use of information obtained pursuant to a Part 18 request. For guidance on responding to a Part 18 request, see Practice Note: Responding to a Part 18 request for further information. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. What is a Part 18 request for further