This Q&A considers whether the claimant's unfair dismissal compensatory award should be reduced by the full amount of benefits under a permanent health insurance (PHI) scheme received by him during the period covered by the award. The compensatory award is such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the employee as a result of dismissal and in so far as that loss is attributable to actions of the employer (section 123(1) of the Employment Rights Act 1996 (ERA 1996)). It is intended to compensate the employee rather than to punish the employer or give a gratuitous benefit to an employee for whom the tribunal feels sympathy. No account should be taken of any period during which losses are caused by something other than the dismissal. In ascertaining the claimant's loss, the employment tribunal must apply the

Section 2(2) of the Administration of Estates Act 1925 (AEA 1925), states: ‘Where as respects real estate there are two or more personal representatives, a conveyance of real estate devolving under this Part of this Act [or a contract for such a conveyance] shall not. . .be made without the concurrence therein of all such representatives or an order of the court, but where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the other or others to prove, any conveyance of the real estate [or contract for such a conveyance] may be made by the proving executor or executors for the time being, without an order of the court, and shall be as effectual as if all

This Q&A assumes that the option to tax is capable of operating in relation to the land and is not disapplied. There is considerable uncertainty about the value added tax (VAT) treatment of the grant of easements over land and in particular whether the exemption for supplies of interests in land should apply. However, in practice, this uncertainty is generally removed in a situation where the landowner granting the easement has opted to tax, as if the option applies, the supply will always be treated as taxable, even if exemption would otherwise apply. Potential for exemption Subject to certain exceptions, including the valid exercise of an option to tax, the UK VAT legislation (Item 1 of Group 1 in Part I of Schedule 9 to the Value Added Tax Act 1994) exempts: ‘The grant of any interest in or right over land or of any licence to occupy land, or, in relation to land in

With the ever-increasing use of electric vehicles (EVs), the charging infrastructure needed to support that use inevitably raises planning and related highways issues. The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596, Sch 2, Pt 2, Class D states that planning permission is not required for the installation of a wall mounted electrical outlet for recharging of electric vehicles as long as the area is lawfully used for off-street parking. GPDO, SI 2015/596, Sch 2, Pt 2, Class E is an identical

The reverse premium must be documented otherwise B will not be contractually entitled to receive the payment. If the property is registered, the assignment will be effected with a TR1. Box 8 of the TR1 deals with the consideration payable. Tick the third box (insert other receipt as appropriate) and insert wording along the lines of: ‘The transferee has received from the transferor

Section 78 of the Coronavirus Act 2020 (CA 2020) facilitated postponement of elections and by elections, together with relaxation of procedural prescriptive requirements in relation to local authority meetings through the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020, SI 2020/392, which came into force on 4 April 2020. Section 85 of the Local Government Act 1972 (LGA 1972) provides: ‘ ...if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the

The two main categories of entity that should be recorded on a persons with significant control (PSC) register are: • registrable individuals with 'significant control' (as defined by reference to the five conditions set out in Schedule 1A to the Companies Act 2006 (CA 2006)), and • any other registrable 'relevant legal entities' (RLEs) that have significant control and are 'subject to their own disclosure requirements' For detailed information on the entities that are PSCs, see Practice Note: PSC Register—practical examples, which include links to all relevant legislation and guidance. For a more general note on the PSC regime, see Practice Note: PSC register—the people with significant control regime. Transmission of shares by operation of law It is possible that a personal representative (PR) of a deceased shareholder is a PSC who must be included in the PSC register. To establish whether this is the case, it is first necessary to establish their status with regard to the shares of the deceased shareholder. On the death

Ruling off provisions and the rule in Clayton's case Clause 19 of the Precedent: Guarantee and indemnity: single company guarantor—bilateral—all monies states that 'if the Lender receives notice (whether actual or constructive) of any matter which may cause this Deed to cease to be a continuing security, it may rule off the Company’s account or accounts and it may open one or more new accounts with the Company'. In the Precedent: Guarantee and indemnity: single company guarantor—bilateral—all monies, 'Company' is to be defined by reference to the borrower company to whom the relevant lender is making financing facilities available, ie the principal debtor. The legal principle that underpins clauses such as these in security and guarantee documentation is known as the rule in Clayton’s case (Devaynes and others v Noble and others; Baring and others v Noble and others; Clayton's Case). In the absence of any election by a debtor or creditor

A company has a great deal of flexibility in relation to the content of its articles of association and, although the names of directors could be included in the articles, this would be unusual (in particular where the names of the directors are included in a shareholders’ agreement). The shareholders’ agreement will usually include certain matters which will become historic following the passing of time, for example in the completion provision. The appointment of the named first directors will tend to be included as a completion obligation under the shareholders’ agreement. However, the articles, as the governing regulations of the company, do not tend to contain such historic details as would be included in a shareholders’ agreement. The shareholders’ agreement would also tend to provide for future director appointments, linking the right to appoint such

When an outgoing tenant enters into an authorised guarantee agreement (AGA), it covenants with the landlord to guarantee the assignee’s performance of the tenant covenants in the lease. An indemnity covenant in the transfer

The trustees of a life interest settlement must balance the interests of the life tenant, who will receive trust income, and the remaindermen, who will ultimately receive the capital. The trustees have a duty to act fairly as between beneficiaries with different interests and have a duty to treat beneficiaries within the same class fairly. See Practice Note: Trustees—duties. Therefore, the trustees of such a settlement would not, in the absence of special factors, invest purely for capital growth which produces a relative

Building on or over the strip of, or close to (within three meters of), a public sewer is not permitted without the consent of the water service company which may be dependent on the developer entering into a build over agreement. Such an agreement will stipulate what protection the sewer requires, what access arrangements