In practice, “takers in default” are the beneficiaries entitled to trust or settled property if a power of appointment is not exercised, is only partly exercised, or an attempted appointment is invalid (for example, for excess of power or fraud on a power). The term is a well‑established drafting and case‑law expression in trust and succession law rather than a concept generally defined by statute, and is used consistently across England and Wales, Scotland, Northern Ireland and Ireland.Key features:- Identified in the instrument creating the power (will, trust deed or settlement) as the default beneficiaries.- They take automatically to the extent the power is not validly exercised.- Their interests typically subsist subject to divestment while the power remains exercisable.- Distinct from the “objects” of the power (the class of potential appointees).Practical significance includes determining who takes on a failed or unexercised appointment, priority between beneficiaries, standing to challenge defective appointments, and downstream effects for perpetuities and tax.If no takers in default are specified: in inter vivos settlements the property usually results to the settlor or donor (resulting trust); under a will it normally falls into residue and, failing that, on intestacy.

Taking a conveyance without authority offence The offence of taking a conveyance without authority is committed when a person: • takes a conveyance without the owner's consent or other lawful authority for their own or another's use, or • knowing that any conveyance has been taken without such authority, drives it or allows themselves to be carried in it or on it It is a summary only offence. A count for an offence may be included in an indictment for another offence if: • it is founded on the same facts or evidence as a count charging the indictable offence, or • is part of a series of offences of the same or similar character as an indictable offence which is also charged However, where the offence is tried with an indictable offence in the Crown Court, the court can only deal with the defendant in the same way that a magistrates' court could have dealt with them. A jury

Guarantees (see Practice Note: Guarantees) and third party security (see Practice Note: Third party security) from individuals are relatively common forms of credit support in financing transactions. For example, in transactions involving a corporate borrower, the lender might request guarantees or security from the directors of the borrower. Where the borrower is an individual, the lender might request a guarantee or security from another family member related to the borrower, such as a spouse, civil partner or parent of the borrower. When taking a guarantee or security from an individual there are a range of issues to be considered in addition to those which arise generally in the context of the law of guarantees and security. The key issues are discussed in Practice Notes: • Key issues in taking a guarantee from an individual in a commercial financing context, and • Key issues in taking security from individuals One of the key issues which lenders should be particularly aware of relates to undue influence by

Law360: On 5 February 2024, the UK government's Environment Agency announced the establishment of a new Economic Crime Unit that is designed to 'boost its efforts to tackle money laundering and carry out financial investigations in the waste sector'.

Tax analysis: The Upper Tribunal dismissed HMRC's appeal against the First-tier Tribunal (Tax Chamber) (FTT) decision, finding that the assignment of a debt claim did not engage an anti-abuse clause in the UK-Ireland double tax convention. SAAD Investments Company Ltd (SICL), based in the Cayman Islands, assigned a debt claim to Burlington Loan Management DAC (BLM), tax resident in Ireland. SICL would have suffered a 20% tax charge through UK withholding taxes on receipt of interest payments, amounting to over £12m in UK tax. Due to provisions of the UK-Ireland double tax treaty (save for the anti-abuse clause), BLM would not have suffered a permanent tax cost in the UK, because taxing rights were given to Ireland. In interpreting the anti-abuse provision, the Upper Tribunal focused on the object and purpose of the treaty, drawing on OECD commentary to determine what type of abuse the provision sought to counteract. While the FTT decision was not free from criticism, the Upper Tribunal upheld the FTT's findings that the transaction was not entered into for abusive purposes. Written by Tom Rank, partner and Colleen Dooner, professional support lawyer at DWF Law LLP.

The nature of social housing entities and the regulatory regimes that they fall under mean that additional issues need to be considered when taking security from them or enforcing security provided by them. This Practice Note explains the key issues to consider when taking or enforcing security from social housing entities that are particular to a social housing financing context. This Practice Note purely focuses on private not-for-profit providers of social housing registered in England, referred to in this Practice Note as ‘RPs’, since they account for the vast majority of private debt finance raised to date by housing associations. It does not cover providers of social housing that are registered in Wales. For more information on social housing finance transactions, see Practice Notes: • Social housing entities entering into finance transactions • Key deal structures in social housing finance, and • The key financing terms in social housing finance For information on taking and enforcing security in a general context, see:

This Practice Note examines the circumstances and process by which lenders may take and enforce security under sections 105–126 of the Consumer Credit Act 1974 (CCA 1974), including the taking of security, common types of security under consumer credit agreements and enforcement. For information about enforcement options available to creditors for judgment debts arising from consumer credit transactions, see Practice Note: Enforcing a consumer credit agreement. General It is not uncommon for consumer credit agreements to be backed by the taking of some form of security, either from the borrower or from a third party. Security offers lenders crucial protection against the risk of a borrower in default being unable to satisfy any judgment obtained against them. It can also prove to be a heavy burden for a borrower, for example if the security taken is a charge over their home. Accordingly, the taking and enforcement of security is closely regulated by CCA 1974. The key provisions are set out at sections 105–126 of CCA 1974, and lenders are not at liberty to

When do these fees apply? The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), together with the Taking Control of Goods Regulations 2013, SI 2013/1894, sets out the procedure for taking control of goods: • either to satisfy a judgment debt (see: Taking control of the debtor's goods—overview), or • under the commercial rent arrears recovery (CRAR) regime (see Practice Note: Commercial rent arrears recovery (CRAR)) The act of taking control of goods is carried out by authorised enforcement agents. They are entitled to claim certain fixed fees which are detailed in the Taking Control of Goods (Fees) Regulations 2014 (Fees Regulations), SI 2014/1, as amended by the Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (Fees Regulations (as amended)), SI 2026/366. The Fees Regulations (as amended) make a distinction between: • enforcement other than under a High Court writ (this would include therefore the CRAR process or a warrant of control issued by the County Court) • enforcement under a High Court writ The fixed fee structure is based

This Practice Note sets out the steps to be considered when taking initial instructions from a client, including complying with the Solicitors Regulation Authority (SRA) Standards and Regulations, initial contact with the client and preliminary checks that should be made. These checks cover conflicts of interest, money laundering and issues of the capacity of a client to give instructions. It also provides guidance on best practice regarding full and frank disclosure, the objectives and structure of a first interview, giving advice and client care letters. Solicitors Regulation Authority regulatory regime Practitioners need to be familiar with their professional obligations under the Solicitors Regulation Authority (SRA) Principles, SRA Code of Conduct for Solicitors, registered European lawyers (RELs), registered foreign lawyers (RFLs) and registered Swiss lawyers (RSLs) and Code of Conduct for Firms, which form part of the SRA Standards and Regulations. For further guidance, see Practice Note: The Solicitors Regulation Authority (SRA) regime for family lawyers. Initial contact with the client Anyone who takes initial inquiries from prospective clients should be adequately trained, as initial

STOP PRESS: When section 48 of the Border Security, Asylum and Immigration Act 2025, is brought into full force on 1 October 2026, it will insert section 14A into Immigration, Asylum and Nationality Act 2006 (IANA 2006). Section 14A establishes that references to ‘employing another person’ in IANA 2006, ss 15–24 include engagement under a worker’s contract or of individual sub-contractors (where an individual contracts to provide work or services that the engaging person has itself contracted to provide to a third party). Accordingly, the illegal working provisions and the requirement to carry out right to work checks will then extend to cover those who engage workers or a ‘sub-contractor’. In addition, new section 15A extends liability under IANA 2006, s 15 by treating certain persons as employers even if they are not in direct contractual relationships with the individuals actually performing the work. This applies either where a person is contracted to provide work or services and sub-contracts this to another person or where a person employs an individual to provide work or services and the

The Inheritance (Provision for Family and Dependants) Act 1975—checklist for taking instructions 1 Applicant’s name 2 Address 3 Date of birth/age 4 Single, married, cohabiting? 5 Deceased’s

ARCHIVED: 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end. From IP completion day, the UK cannot actively participate in the European Arrest Warrant (EAW) because EAWs are only available to Member States. Instead an agreement for fast-track extradition arrangements, based on the EU's Surrender Agreement with Norway and Iceland, was reached under Part 3, Title VII, of the EU-UK Trade and Cooperation Agreement signed on 30 December