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GLOSSARY
This requires a shareholder, before it can transfer its shares to a third party from whom it has received a bona fide offer, to first offer its shares to the other shareholder or shareholders of the company on the same (or substantially) the same terms as those offered by the third party by following the pre-emption procedure. This provision is considered to favour the other shareholders (rather than the selling shareholder, for which see Right of first offer (ROFO)) as third parties may not be prepared to expend time and money in carrying out the necessary due diligence and negotiating a deal where the other shareholders can simply match their offer, thereby frustrating the deal.
PRECEDENTS
Amendments to Precedent: Articles of association—joint venture company—deadlock (50:50) and Articles of association—joint venture company—majority/minority. Add new definitions to Article 2.1: Offer Period • has the meaning given to it in Article 1.3; Proposed Transferee • has the meaning given to it in Article 1.1; Proposed Transferor • has the meaning given to it in Article 1.1; Sale Notice • has the meaning given to it in Article 1.5; Sale Price • has the meaning given to it in Article 1.1.2; Sale Shares • has the meaning given to it in Article 1.1.1; Delete existing ‘Transfer Notice’ definition in Article 2.1 and replace with the following new definition: Transfer Notice • has the meaning given to it in Article 1.1; Delete ‘Seller’ definition in Article 2.1. Replace Article 12.4 with the following: [Following the expiry of the Lock-in Period, a OR A]ny person who holds, or becomes entitled to, any Share shall not effect a transfer of such Shares or serve a Transfer Notice, except in accordance with Article 13, Article 14[, OR or] Article 15[, Article 16 or Article 17]. Amend Article 13.1 as follows: Replace ‘comply with the pre-emption procedure set out in this Article 13’ with ‘comply with
GLOSSARY
Right of survivorship describes what happens to a deceased co‑owner’s share in jointly held property: on death it passes automatically to the surviving co‑owner(s), outside the deceased’s estate and generally regardless of any will. In England & Wales and Northern Ireland, it is a core incident of a beneficial joint tenancy in land or other assets (for example, joint bank accounts and joint shareholdings). The deceased’s interest is extinguished and the survivor(s) become solely entitled. Severance of a joint tenancy (for example, by notice or mutual agreement) removes the right of survivorship and converts it into a tenancy in common. In Scotland, a similar effect is often achieved by a special destination (e.g. “to A and B and the survivor of them”), rather than by the same joint tenancy terminology. In Ireland, as in England & Wales, survivorship is an incident of a joint tenancy. The right of survivorship is significant in succession planning, co‑ownership disputes, insolvency and family law, particularly when considering whether an interest can be disposed of by will, claimed by heirs, or attacked by creditors.
PRACTICE NOTES
This Practice Note looks at the statutory right, for trade unions which have a certificate of independence, to access workplaces for the purposes of meeting, recruiting, organising and representing workers and to facilitate collective bargaining. This right is introduced under section 59 of the Employment Rights Act 2025 (ERA 2025) with effect from 30 October 2026. Further details of the right are set out in the Trade Unions (Right to Access Workplaces) Regulations 2026, SI 2026/1101, and the Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026, SI 2026/756, which also come into effect on 30 October 2026. See: LNB News 07/07/2026 27, LNB News 07/07/2026 18 and LNB News 06/10/2026 10. The government’s response to a consultation on the right was published on 8 April 2026. That was followed on 6 July 2026 by the government’s response to a consultation on a revised statutory Code of Practice (CoP) to be issued under section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). The CoP comes into effect on
GLOSSARY
An easement conferring a right to travel across land.
PRACTICE NOTES
In certain circumstances debtors may withdraw from agreements regulated by the Consumer Credit Act 1974 (CCA 1974) within 14 days. This Practice Note explains when the right of withdrawal is available and the procedure for exercising it. It also considers the equivalent rules in relation to P2P agreements set out in the Consumer Credit sourcebook (CONC). Introduction The right of withdrawal from regulated agreements is governed by CCA 1974, s 66A which implemented the EU Consumer Credit Directive (2008/48/EC). Two points should be noted from the outset. First, the right of withdrawal has not been substantially altered since consumer regulation was transferred to the Financial Conduct Authority (FCA) in April 2014. However, consumer credit reform has been on HM Treasury’s agenda for a number of years and its May 2026 policy statement on reform of the CCA 1974 sets out the changes it intends to take forward. These include repealing the majority of the CCA 1974 provisions relating to rights of withdrawal so that they can be recast into FCA rules, where
GLOSSARY
Every landlord must check that tenants can legally rent residential property. Landlords must check a tenant’s original acceptable documents (eg passport) allowing them to live in the UK, must keep the copy documents on file and record the date of the check. Copies of the documents must be kept for the time of the tenancy and one year after.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It covers the Right to Acquire (RTA) given to eligible housing association tenants to buy the freehold or long leasehold interest in a residential property at a fixed discount. It covers the statutory scheme and highlights the differences between RTA and Right to Buy (RTB). What is the Right to Acquire? The RTA gives eligible housing association tenants a statutory right to buy the freehold or long leasehold interest in a residential property at a fixed discount. Ostensibly, RTA mimics the better known statutory RTB that is available to most secure tenants (and indeed shares much of the same legislation); however, RTA was introduced later than RTB (by the Housing Act 1996 (HA 1996)); only coming into effect from 1 April 1997 onwards. Lower take-up by tenants of the RTA scheme RTA is far less popular than RTB. According to government statistics (Social housing sales and demolitions 2022–23), since its introduction in 1998, there have been 12,748 sales of social
NEWS
Information Law analysis: Nicola Cain, legal director at RPC, compares the existing ‘right to be forgotten’ (established under the Google Spain case—ie Google Spain v AEPD (Marion Costeja Gonzalez) with the forthcoming ‘right to erasure’ under Article 17 of the General Data Protection Regulation (GDPR).
GLOSSARY
The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work.
PRACTICE NOTES
Scope of the right to buy England The Right to Buy (RTB) scheme operates in England under provisions in the Housing Act 1985 (HA 1985). Wales The RTB (including the Preserved Right to Buy) and Right to Acquire were abolished in Wales on 26 January 2019 under section 6 of the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 and the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Commencement and Saving Provisions) Order 2018, SI 2018/100, art 2. No new applications were accepted in Wales from that date forwards. See: LNB News 30/01/2018 82. What is the right to buy? The RTB scheme gives eligible secure tenants the statutory right to buy their property at a discount. Subject to conditions a secure tenant in England has the right to buy the freehold of their house or the lease of their flat (or leasehold house). The Ministry of Housing, Communities and Local Government (MHCLG) (then named the Department for Levelling Up, Housing and Communities
PRACTICE NOTES
This Practice Note outlines the right to buy abandoned neglected and detrimental land under (Part 3A) sections 97B–97Z of the Land Reform (Scotland) Act 2003 (LR(S)A 2003) and the right to buy land for sustainable development under (Part 5) sections 45–73 of the Land Reform (Scotland) Act 2016 (LR(S)A 2016). The Scottish Government is undertaking a full review of the various community rights to buy which aims to recommend improvements, either legislative or procedural, to existing Community Right to Buy processes that will contribute to an increase in community ownership. The following timetable is proposed for the review: • phase 1—initial collection of evidence and views—was completed in Autumn 2024 • phase 2—assessment and development of proposals—was completed in Spring 2025 • phase 3—formal consultation—to be completed Autumn 2025 • phase 4—development of proposals—completed December 2025 with a view to any legislation required being ready to introduce early in the next parliamentary session Overview of land reform in Scotland The