Meaning of ‘land of community value’ Section 87 of the Localism Act 2011 provides that: a local authority must maintain a list of land in its area that is land of community value 'Land of community value’ is defined in Localism Act 2011, s 88: A building or other land in a local authority's area is land of community value if in the opinion of the authority: • (a) an actual current use of the building or other land that is not an ancillary use furthers (or has recently furthered) the social wellbeing or social interests of the local community, and • (b) it is realistic to think that there can continue to be (or will be a time in the next five years) non-ancillary use of the building or other land which will further (whether

An obligation on communications providers for mandatory signal carriage of both certain (usually public-owned or non-commercial) television broadcast stations.

This Q&A touches on many aspects of the data protection regime. For a background to the regime under the Data Protection Act 1998 (DPA 1998), see: Data protection regime—overview and Practice Notes: Key definitions under the DPA 1998 and Data protection principles under the DPA 1998. For a discussion of the position under the forthcoming General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), see Practice Note: Introduction to the EU GDPR and UK GDPR. The short answer is ‘yes’, but the form of that agreement will vary depending on what is happening with that data. Firstly, you would need to establish the purposes of the intended processing. Why is the data intended to be shared, and are the data subjects aware of it? They

When a limited company buys back shares, those shares must be paid for on purchase, unless (in the case of a private limited company) it is buying back the shares for the purposes of, or pursuant to, an employees' share scheme (section 691(2)–(3) of the Companies Act 2006 (CA 2006)). The courts have interpreted this provision strictly (eg in Dickinson v NAL Realisations (Staffordshire) Ltd, the Court of Appeal held that it was not enough for the share buyback contract to provide for

There is no legal requirement for the shareholders of a private limited company to be given copies of any document that is referred to in proposed articles of association, when they are being asked to approve the adoption of those articles by the company. However, as a practical matter, the shareholders may not feel that they can approve the proposed

Client due diligence (CDD) client and matter risk assessments are an essential exercise in complying with various regulatory and professional requirements, getting to know your client, and, ultimately, protecting your firm. Regulatory requirements The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended, set out the administrative requirements of the anti-money laundering (AML) regime. Where the MLR 2017 apply, conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach. Certain components of CDD however, allow for flexibility and positively require risk assessment. You must determine the extent of your CDD measures and ongoing monitoring on a risk-sensitive basis, depending on the type of client, business relationship and matter. You must be able to demonstrate to your supervisory authority (the SRA) that the extent of the measures you have taken to satisfy CDD requirements are appropriate in view of the risks of money laundering and terrorist financing, including risks:

Qualifying leaseholders have the right to extend their lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). The procedure commences by the leaseholder serving a tenant’s notice on the landlord pursuant to LRHUDA 1993, s 42 as well as on any third party to the tenant’s lease. The landlord shall then serve a counter-notice on the leaseholder pursuant to LRHUDA 1993, s 45. The counter-notice must be served by the date specified in the tenant’s notice pursuant to LRHUDA 1993, s 42(3)(f), and must comply with the requirements laid out in LRHUDA 1993, s 45(2), (3) and (4). The landlord for the purposes of both LRHUDA 1993, s 42 and LRHUDA 1993, s 45 is defined in LRHUDA 1993, s 40(1) as: ‘the person who is the owner

One of the essential ingredients to a contract is that there is valid consideration. This will be established by looking at what one party gives or promises in exchange for what the other party is giving or promising and will only exist if the criteria of benefit and detriment, mutual promises, sufficiency, and economic value are satisfied. Consideration need not be monetary, but must be sufficient/moneys worth. It must have

Part I of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when they propose to dispose of it. The right prohibits the landlord from making a relevant disposal without first serving a notice on the qualifying tenants and ensures that the disposal is made in accordance with the statutory requirements. The right of first refusal applies where premises: • consist of the whole or part of a building • contain two or more flats held by qualifying tenants, and • the number of flats held by qualifying tenants exceeds 50% of the total number of flats contained in the premises If the above conditions are met, the landlord is bound to follow the procedures set out in

Regulatory capital securities, broadly, means securities issued by financial institutions and insurance companies to meet their regulatory capital requirements. Regulatory capital includes common equity (ie shares) and also certain debt instruments that have many equity-like characteristics. The Taxation of Regulatory Capital Securities Regulations 2013 (Regulatory Capital Securities Regs 2013), SI 2013/3209 apply to regulatory capital securities to ensure that they fall to be taxed and relieved under the loan relationships rules and to provide certainty in respect of how they are taxed. For instance, the Regulatory Capital Securities Regs 2013 provides that: • a regulatory capital security is to be treated as a loan relationship for corporation tax purposes and as a normal commercial loan • a payment in respect of a regulatory capital security

In the absence of any agreement to the contrary, the default position is that all partners in a general partnership are to share equally in the capital and profits and contribute equally to losses. However,

No beneficiary may compel the personal representatives (PRs) to distribute the residuary estate before the expiration of the executor’s year, calculated as being one year from the date of death (section 44 of the Administration of Estates Act 1925 (AEA 1925)). The executor’s year is for convenience only, to enable the PRs to fully take stock of the deceased’s assets and liabilities and to settle any debts or claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). The PRs may distribute the residuary estate sooner, but should refrain from undue haste in distributing before the six month limitation period for claims under I(PFD)A 1975 has expired or for two months after placing the statutory advertisements in relation to creditors and unknown claimants to