This Checklist is intended for use on a disposal of property and looks at the information to be disclosed to a buyer and how that information is disclosed by deducing title, drafting the contract and replying to preliminary enquiries. What must the seller disclose? Nature of seller’s title In the absence of any agreement to the contrary, a buyer is entitled to assume that the property they are buying is freehold and is not subject to encumbrances. This assumption is rarely relied on as, in practice, title will be deduced to the buyer and the property particulars, together with any incumbrances, will be set out in the contract (see Drafting the contract below). Latent defects The assumption that the property is freehold and not subject to incumbrances puts the seller under a duty to disclose latent defects in title to the buyer. A latent defect is one which would not be apparent to a buyer on inspection. See Practice Note: Property—enquiries before contract—What must a seller disclose? Latent defects include: • restrictive

This Practice Note considers some of the key considerations for administrators in relation to their personal liability and considers what steps can be taken by them in order to minimise their exposure. Commercially, the point is of considerable significance to office-holders. They are under no obligation to take any particular appointment. When they take office, they do so for reasonable remuneration and, while accepting the challenges of the professional work they undertake, are not in the business of underwriting an insolvent company’s liabilities or of taking on personal risk. This Practice Note does not consider the scope of an office-holder’s liability for acting in breach of duty (for example, the obligation to exercise reasonable skill and care in the performance of their functions, Re Charnley Davies Limited (No 2)) or under paragraphs 74 and 75 of Schedule B1 to the Insolvency Act 1986 (IA 1986). Claims for unfair harm, misfeasance and the scope of an administrator’s discharge under IA 1986, Sch B1, para 98 are dealt with in the Practice Notes:

A trustee with management and administration powers, as distinguished from a custodian trustee.

Ireland—Employment analysis: This article, was written by Chris Ryan and Aoife Clarke of A&L Goodbody LLP.

This Practice Note explains what personal branding is and why having and maintaining a strong, authentic personal brand is important for leaders. Branding, personal or otherwise, is not the same as reputation although both are closely linked concepts: • branding—the continuing process of establishing a set image or impression in the mind of others about an individual, group or company • reputation—the beliefs or opinions that are held by others about someone or something Personal branding It used to be the case that only products had a brand, but over recent years, with the evolution of social media, the idea of people having their own branding has rapidly developed. Managing your own personal brand is now hugely important, and how. How people perceive you really matters. Having a strong, authentic personal brand is important for anyone trying to make their mark on the world and should be a key focus for leaders or anyone wanting to progress into a leadership role. Recruiters will look for your digital footprint, and that includes your

Law360: More than 250 survivors and the family members of people killed in the Manchester Arena bombing can't claim the UK intelligence services' failure to prevent the attack breached their human rights because the allegations were not brought in time, a London tribunal ruled 22 November 2024.

The agreement between a client and investment manager laying down how the fund is to be managed. May include performance targets by reference to a benchmark.

Scope of this Practice Note This Practice Note provides an overview of the powers a firm may be given to deal with a client's assets, either with, or without the transfer of ownership of those assets. In particular, the Practice Note considers the Financial Conduct Authority’s (FCA) requirements set out in chapters 3 (Collateral) and 8 (Mandates) of the Client Assets Sourcebook (CASS). Where a client: • gives a firm power to deal with his assets (without transferring ownership) under a mandate • gives a firm an asset as a form of security to guarantee an obligation the client owes to the firm, ie provides the firm with an asset as collateral the firm is not bound by the provisions in the client money rules or the custody rules. The rules relating to each situation are straightforward, and relate mainly to record keeping and ensuring the correct rights are exercised in relation to the assets. Collateral Where a firm is given rights over an asset to treat it as its own, and where it exercises

This Table sets out the hallmarks for the Mandatory Disclosure Rules (MDR) regulations in effect from 28 March 2023 which implement the Organisation for Economic Cooperation and Development (OECD) model rules in the UK and entirely revoke EU Directive 2018/822 DAC 6 in the UK from the same date. It is designed to be read alongside the main Practice Note: Disclosable cross-border tax arrangements—Mandatory Disclosure Rules (MDR). The generic hallmark for a Common Reporting Standard (CRS) avoidance arrangement is any arrangement where it is reasonable to conclude that it has been designed to circumvent CRS legislation or has been marketed as or has the effect of doing so. Just because an arrangement has the effect of non-reporting does not mean that it circumvents the CRS legislation—it

The Organisation for Economic Cooperation and Development (OECD) published the model Mandatory Disclosure Rules (MDR) for Common Reporting Standard (CRS) Avoidance Arrangements and Offshore Structures in March 2018, aiming to promote country by country consistency in the application of disclosure and transparency to tackle aggressive tax planning at a global level. The model MDR are defined as ‘the model rules’ in The

Private Client analysis: On 24 November 2022, the UK government published its response to the consultation on the implementation of the Organisation for Economic Cooperation and Development (OECD) Mandatory Disclosure Rules (MDR). The rules require promoters, service providers and/or taxpayers to disclose to HMRC arrangements which circumvent the OECD’s global standard for automatic exchange of financial account information between tax authorities (commonly known as the ‘Common Reporting Standard’ or CRS) as well as the disclosure of arrangements using opaque offshore structures to obscure beneficial ownership (previously Hallmarks D1 and D2 of DAC6, which is to be repealed in its entirety). The consultation period ran from the date of original publication on 30 November 2021 to 8 February 2022. Helen McGhee, partner at Joseph Hage Aaronson LLP, discusses the implications of the government’s response and the MDR.

Relevant only prior to A-day, this was automatically granted by HMRC to schemes that satisfied the requirements of section 590 of ICTA 1988. These schemes could not provide a pension of more than 1/60th of final remuneration for each year of service which in turn could not be exchanged for cash of more than 3/80ths of final remuneration for each year of pensionable service.