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Q&As
We are not aware of a specific definition of an ‘illegal marriage’ and for the purposes of this response we have assumed that you are referring to a sham marriage. Sham marriages A sham marriage is defined within the Immigration Act 2014 (IA 2014) as: • either, or both, of the parties to the marriage (or civil partnership) are not a British citizen or national of another European Economic Area state or Switzerland • there is ‘no genuine relationship between’ those parties, and • either, or both, of the proposed parties enter(s) into the
Q&As
The regulation of consumer credit Regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence, parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO 2001). Regulated Activities and Consumer Credit Agreements Entering into a regulated credit agreement as a lender is a specified (regulated) kind of activity
Q&As
Business rates are a tax paid to the relevant local council where a building or part of a building is used for non-domestic purposes. This will include shops, offices, hotels and many other premises. The rates are set based upon an estimated open market rental of the property, with a multiplier then applied, and a reduction for any business rate relief applicable. Rates are ordinarily payable by the occupier of the property, rather than the owner, but a commercial tenancy may include a provision for the rates to be paid by the owner and to be collected as part of the rent.
Q&As
Does an all-night café need a late night refreshment licence? The provision of late night refreshment involves the supply of hot food or hot drink to members of the public between 11pm and 5am and is regulated under the Licensing Act 2003 (LA 2003). LA 2003 provides that a person 'provides late night refreshment' if— '(a) at any time between the hours of 11.00 pm and 5.00am., he supplies hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether for consumption on or off the premises, or (b) at any time between those hours when members of the public, or a section of the public, are admitted to any premises, he supplies,
Q&As
Transfer of a licence A transfer of a licence from a tenant to a landlord will be treated in the same way as a transfer between any parties. Section 42 of the Licensing Act 2003 (LA 2003) states: '(1) Subject to this section, any person mentioned in section 16(1) (applicant for premises licence) may apply to the relevant licensing authority for the transfer of a premises licence to him. (2) Where the applicant is an individual he must be aged 18 or over. (3) Subsection (1) is subject to regulations under— (a) section 54 (form etc of applications etc); (b) section 55 (fees to accompany applications etc). (4) An application under this section must also be accompanied by the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.' LA 2003, s 16(1) details who may apply for a premises licence. In order to transfer the licence
Q&As
Legal position Where residue is to be divided between two non-exempt beneficiaries, the usual position is for the residue to be ascertained (after payment of all debts, liabilities and tax) and then divided equally, ie the inheritance taxt (IHT) would usually be paid before the residuary estate is divided among residuary beneficiaries. The available nil rate band (NRB) (including any available residence NRB and transferable NRB allowance) would generally be available to reduce the IHT liability of the entire residuary estate. Section 211 of the Inheritance Tax Act 1984 states: '(1) Where personal representatives are liable for tax on the value transferred by a chargeable transfer made on death, the tax shall be treated as part of the general testamentary and administration expenses of the estate, but only so far as it is attributable
Q&As
CPR Part 8 sets out the requirements for using the Part 8 alternative procedure and, in relation to service requirements, CPR 8.2 notes that ‘Rule 7.5 provides for service of the claim form’. The documents to be served with a Part 8 Claim form (regardless of whether the claim is to be served within or outside the jurisdiction), differ from those to be served with a Part 7 claim. In particular, CPR 7.8(2) provides that, in relation to a Part 8 claim, only a form for acknowledging service is required, and no forms for defending or admitting the claim are necessary. Express provision is also made at CPR 8.9(a)(iv) and CPR 8.9(b)(iii), which states that no forms are required for defending the claim or admitting the claims respectively. For a Part
GLOSSARY
A form of security under which the pledgee has actual or constructive possession of the pledged assets as security for a loan.
PRACTICE NOTES
A pledge is one of the four types of security recognised under English law—the types of security are described in Practice Note: Types of security. For a general introductory guide to security, see Practice Note: Introductory guide to security in a lending transaction. This Practice Note explains: • what a pledge is • the type of interest created by a pledge • the type of assets which can be pledged • how to perfect a pledge • priority issues in relation to pledges, and • how to enforce a pledge For ease of reference, in this Practice Note: • the 'pledgor' refers to the party providing the pledge (which may in practice be the borrower or a third party security provider) • the 'pledgee' refers to the party to which the pledge is granted (which, in practice, is likely to be the lender or possibly a security agent), and • the 'secured obligations' refers to the obligations expressed to be secured by the pledge (eg the obligations of a borrower to a lender under a facility agreement) For
GLOSSARY
A technology used to transport large quantities of data over networks such as fibre-optic and microwave radio systems. PDH allows transmission of data streams that are nominally running at the same rate, but allowing some variation on the speed around a nominal rate.
GLOSSARY
Damage or scarring to the lungs caused by exposure to asbestos.
PRECEDENTS
date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 2 [name of (first) Buyer] [and [name of second Buyer] both] of [address] (Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; Approval • [planning permission and] any [other] approval, consent, permission or licence necessary to enable the Seller lawfully to carry out the Seller’s Works which is required from time to time: (a) by or from a Competent Authority; or (b) by Legislation; Buyer’s Solicitors • [name] of [address] (reference [details]); [Charge[s] • the charge[s] appearing at entry [number] [and [number]] in the charges register of title number [number] as at [date and time of official copies];] Competent Authority • any: (a) local authority, government department or other body exercising powers under statute or by Royal Charter; or (b) utility service or supply company; Completion Date • [the [tenth] working day from (but excluding) the date on which the Seller [or the Seller’s Solicitors] serve[s] the Completion Notice on the Buyer OR [date]]; Completion Money • the Price: (a) less [the Initial Deposit[, OR and] ] the Deposit [and the Incentive] [; but] (b) [plus the Contents Price and any other sums due on completion;] [Completion