CA 2006, s 790K states that the register should show the required particulars of a registrable PSC, including ‘the nature of his or her control over that company (see Schedule 1A)...’ This should be interpreted as where more than one condition is met by the same individual or entity, information about each condition should

Please see below some resources which you may find useful to assist with answering your query. Revenue Scotland’s guidance (‘General guidance about the online Land and Buildings Transaction Tax (LBTT)’) which identifies the circumstances in which an LBTT return is required to be submitted (which includes under section 34 of the Land and Buildings

There are no specific SRA requirements about creating or filing attendance notes. However, the SRA Codes of Conduct require you to: • ensure you are able to justify your decisions and actions in order to demonstrate compliance with your obligations under the SRA's regulatory arrangements • keep and maintain records to demonstrate compliance with your obligations under the SRA's regulatory arrangements This will include your obligation to ensure the service you provide to clients is competent and delivered in a timely manner, and takes

Technically, police officers are not employees, but office-holders. However, under section 88 of the Police Act 1996 (PA 1996), the Chief Constable of the relevant police force (or the Commissioner of Police for the Metropolis in London) will be vicariously liable for ‘any unlawful conduct of constables under his direction and control in the performance or purported performance of their functions’ in the same manner as an employer. As a public authority, the courts have attempted to limit the possible liability of public authorities in negligence on public policy grounds and the rights of the claimant have often been weighed up against the public interest as a whole. In certain cases, the court will assess the facts of each case and attempt to balance the social needs of the public authority to carry out its role effectively as against the injured claimant's needs for compensation. When a member of the public is injured as a result

There are two pre-action protocols which require claims within their scope to be submitted via the claims portal. These are the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) and the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol). The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims The scope of the EL/PL protocol is defined at rules 2.1 and 4.1 as follows: ‘2.1 This Protocol describes the behaviour the court expects of the parties prior to the start of proceedings where a claimant claims damages valued at no more than £25,000 in an employers’ liability claim or in a public liability claim. The Civil Procedure Rules 1998 enable the court to impose costs sanctions where this Protocol is not followed. 4.1 This Protocol applies where— (1) either— (a) the claim arises from an accident occurring on or after 31 July 2013; or (b) in a

When it comes to calculating a statutory redundancy payment, see generally, Practice Note: Entitlement to statutory redundancy payment, in particular the main section dealing with ‘How the payment is calculated’. The amount of a statutory redundancy payment is calculated by reference to a week’s pay, in accordance with sections 220–229 of the Employment Rights Act 1996 (ERA 1996) (see ERA 1996, s 162). In relation to a statutory redundancy payment, a week’s pay is currently capped at £544 (from 6 April 2021). The method of calculating a week’s pay depends upon the type of hours the individual works and the pay structure that applies to them. The statutory provisions set out four alternative categories of employee for the purpose of the calculation: • employees with fixed normal working hours and paid at a flat rate (ERA 1996, s 221(2)) • employees with fixed normal working hours but paid at variable rates, including piece work

The resolution of financial remedy cases will often involve one party retaining property, rather than more liquid assets. A house will only have a cash value once it is sold, absent which it is simply bricks and mortar. A property might be valued by a surveyor or estate agent, but consideration may be given to whether is it fair for the property to be attributed with that value in the hands of the party retaining it, if, in the event of a sale, expenses would arise, such as estate agents’ charges and solicitors’ conveyancing fees. After such costs, the net proceeds of the property will be reduced. The Matrimonial Causes Act 1973 holds no immediate answers to such questions: the court must do what

Arbitration analysis: Interpretation of a requirement to refer disputes to domestic courts in the arbitration clause of a contract between a private party and a sovereign state is not a mere procedural precondition but a matter of substantive arbitrability. As such, the parties to the contract must be presumed to have intended the question to be resolved by a court absent clear wording in the contract delegating authority to decide the matter to an arbitral tribunal. Practical implications written by Alex Wilbraham of Arbitra International.

Employees have a statutory right under section 57A of the Employment Rights Act 1996 (ERA 1996) to be permitted by their employer to take a reasonable amount of time off during working hours in order to take action which is necessary: • to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted • to make arrangements for the provision of care for a dependant who is ill or injured • in consequence of the death of a dependant • because of the unexpected disruption or termination of arrangements for the care of a dependant, or • to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during

The Coronavirus Job Retention Scheme (CJRS) from 1 November 2020 is governed by the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction, given on 12 November 2020 (Treasury Direction No 5). The Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction to extend the effect of the Coronavirus Job Retention Scheme (CJRS), given 25 January 2021 (Treasury Direction No 6), provides that the CJRS, for the period beginning on 1 February 2021 and ending on 30 April 2021, applies as if Part 1 of the Schedule to Treasury Direction No 5 were set out in the Schedule to Treasury Direction No 6, subject to certain modifications. For further information, see: • HMRC guidance: Check if you can claim for your employees' wages through the Coronavirus Job Retention Scheme • Practice Note: Coronavirus Job Retention

We are not aware of any best practice recommendations to have a separate Terms of Business (TOB) for consumer and commercial clients. The cancellation rights element of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134, apply if you enter into an off-premises (What is an off-premises contract?) or distance (What is a distance contract?) contract with a consumer client (Which clients do the regulations apply to?). See Practice Note: Different types of cancellation rights—law firms. At the heart of CCR 2013 is the duty to give the client: • notice of their right to cancel (Instructions for cancellation), and • a prescribed cancellation form These are separate documents, which can be found in CCR 2013, SI 2013/3134, Sch 3—see Precedents: Instructions for cancellation—non-digital

'Direct loss' and 'indirect loss' 'Indirect loss' is most frequently considered in the context of assessing quantum of damages and in interpreting exemption clauses. The normal function of damages for breach of contract is compensatory but is limited by the principles of causation and remoteness. Damage which is too remote is not recoverable even if there is a causal link between the breach of contract and the loss. Hadley v Baxendale established the 'two limb test' for assessing whether damage resulting from a breach of contract is or is not too remote. Damages may only be recovered for: • losses arising naturally—the defaulting party is liable for any losses, which may fairly and reasonably can be considered as arising naturally from the breach of contract. The court will take into consideration the type of trade or transaction in question (direct loss), or • potentially foreseeable losses—those which were in the reasonable contemplation of the parties at the time