A type of real burden created by TC(S)A 2003, s 63 which allows a person (usually a developer) to act as a manager of related properties, appoint a person to be a manager and dismiss any manager. The manager burden may only be exercised for so long as the holder of the manager burden owns one of the related properties and will be extinguished in most cases five years after the date the manager burden is registered

Dispute Resolution analysis: The High Court’s decision in Glenea Contracts Ltd v Philip Friel last month handed a boost to businesses seeking to recover money taken by their employees. After a three-day trial before Deputy Master Scher involving allegations of fraud and misuse of confidential information, the High Court held that a senior employee who had abused his access to the company’s bank account to overpay himself for almost a decade was liable to the company as a fiduciary and trustee. The victims of employee fraud gain significant additional protections from a finding of fiduciary and trustee status: the burden is on the employee to justify any payments made to them; no limitation period applies to the recovery of sums taken over many years; and the employer can trace the money taken into the assets it was spent on, such as mortgage repayments. Written by Max Marenbon, barrister at Serle Court.

A managerial employee is a member of staff who has authority to direct the work of others, make operational decisions and represent the employer’s interests at a higher level than ordinary employees. In UK and Irish legal practice it is a descriptive term rather than a single statutory category, but it appears frequently in employment contracts, collective agreements, redundancy selection exercises and whistleblowing or discrimination claims.Managerial employees typically have responsibilities such as setting or implementing strategy, supervising teams, conducting appraisals and disciplinary processes, authorising expenditure or allocating work. Their status can affect vicarious liability, the attribution of an employer’s knowledge or intent, and whether they are considered part of “management” in trade union and collective bargaining contexts.Legislation in the UK and Ireland often refers more specifically to “managers”, “senior management”, “directors” or “persons in authority”, and case law may interpret those expressions by reference to managerial functions. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, with the exact scope depending on the wording of the relevant statute, contract or policy and the factual level of responsibility exercised in practice.

A Memorandum of Understanding (MoU) entered into by the BVCA and HMRC in July 2003 that relates to the income tax treatment of restricted securities acquired by managers of private equity and venture capital backed companies.

Law360, Expert Analysis: The Crime and Policing Bill 2025, currently under consideration by the House of Lords, contains a dizzying array of proposals relating to serious violence, trust in policing, public disorder and terrorism. Vanessa Reid, senior associate at Corker Binning, discusses several problems posed by the current wording of the proposed legislation expanding the scope of the identification doctrine, and proposes a simple fix that can be adopted from other jurisdictions and similar offences in the UK.

Performing at least portfolio management or risk management for one or more AIFs (AIFMD, Directive 2011/61/EU, art 4(1)(w) and Annex 1, point 1(a) and (b)).

Private Client analysis: The Court of Protection confirmed that managing Direct Payments under any of four statutory schemes requires specific authority encompassing both property and affairs and health and welfare functions. Standard property and affairs deputyship orders are insufficient because managing Direct Payments involves distinct regulatory responsibilities and welfare decisions about the delivery of care. The judgment provides a framework for prospective and retrospective authorisation, remuneration, supervision and the appointment of alternative recipients. Practitioners should review existing deputyships, particularly where charges have been incurred since 11 October 2024, and consider the implications for trust corporations, children under 16, personal injury settlements and the costs of managing publicly funded care. Produced in partnership with Alexander Drapkin, barrister at 5 Stone Buildings.

Merger control (or merger control-like) regimes exist in over 150 jurisdictions. In these jurisdictions, competition authorities may have the power to block a transaction outright or to accept or impose remedies. This Checklist highlights practical issues to consider when handling multi-jurisdictional merger control filing obligations. For summaries of merger control rules in all jurisdictions, see MJ merger grid—jurisdiction and MJ merger grid—procedure. For a collection of key learning points, see Key learning points from MJ reviews—anomalies, absurdities and potential pitfalls. Note—merger control laws, notification forms and authority practice change frequently. Always check the current local rules and guidance. What transactions fall within merger control rules? Relevant transactions In most jurisdictions, including the EU, merger control applies to mergers and other transactions that result in a change of control over an undertaking or business, subject to the applicable thresholds and local rules. Some jurisdictions also review transactions that confer influence below the level of control or acquisitions of specified minority interests. The definitions of control and influence can be very wide. Acquisitions of control—sole v joint control Control

Many companies and government bodies (such as HMRC) have been exposed to or suffered loss of confidential information or other breaches of confidentiality. However, they may not always be widely reported because of the damage this may cause to an organisation’s reputation. Confidentiality obligations may be implied (eg via the duty of good faith (also known as fidelity) implied into employment contracts), express (eg via a confidentiality agreement) or imposed by regulation and statute (eg duties of client confidentiality imposed on financial services and health professionals). A breach of confidentiality may therefore breach a number of overlapping legal obligations. This Practice Note supplements related Practice Note: How to manage a personal data breach, which reflects guidance issued by the UK data protection regulator, the Information Commission’s Office, specifically concerning the loss of ‘personal data’ under the data protection regime, which may or may not also be confidential. When a breach of confidentiality occurs, urgent action to manage both legal and reputational risks is likely to be necessary. This Practice Note sets

A commonhold association is a private company limited by guarantee. The unit-holders are the only permitted members of the association; consequently through their votes they control the operation of the commonhold. The commonhold association: • is the registered proprietor of the common parts of the property, and • has complete responsibility for managing the development (including the ability to terminate the commonhold via voluntary wind-up) Commonhold assessment The Commonhold Community Statement (CCS) allows the commonhold association to set a commonhold assessment (ie estimate of the costs for the management, maintenance, insurance, and repairs of the building). The association then requests payment from each unit-holder in proportion to the percentage assigned to each unit in the CCS. The unit-holder has one month

This Practice Note provides strategic and practical advice on managing a trade mark portfolio that is aligned with a company’s overall business strategy, competitive intelligence and market analysis, and one that is a springboard for its growth and expansion. For information on the main considerations relating to the registration and protection of UK trade marks, including the technical issues to be taken into account when drafting the trade mark specification, see Practice Notes: • Application to register a UK trade mark • Opposing a UK trade mark application • Trade mark registration—strategy This Practice Note focuses on the management of a trade mark portfolio. For more information about managing a broader portfolio which includes other IP rights, see Practice Note: How to manage an IP portfolio and How to manage an IP portfolio—checklist. Brexit At 11.00 pm on 31 December 2020 (IP completion day), Regulation (EU) 2017/1001 was revoked in the UK. The effect of this is that the UK is no longer part of the EU trade mark (EUTM) regime and, therefore, EUTMs are

This Practice Note outlines the considerations for a creditor which has been trading with a business partner which owes it money or is in financial distress or insolvency. It identifies the contractual options, commercial options, steps for debt-collection, and advice on protecting its position as a creditor in an insolvency process. Spotting the warning signs Generally, trade creditors are often the last to know if a company with which they are trading is struggling financially. It is not always easy to evaluate whether the assurance that ‘the cheque is in the post’ is in fact a true statement or masking a much bigger problem. Although the financial accounts of large public companies may be publicly available and provide a large amount of information, some of which is legally required and some volunteered, the financial statements contained within them are essentially a record of past financial performance. The company’s management accounts are the more useful tool to examine, as they contain future estimates and forecasts of revenue, costs and profits analysed,