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PRACTICE NOTES
This Practice Note explores unlicensed medicinal products and the various ways that such products may be made available to patients in the EU and UK, including through the UK’s Specials regime. The note goes on to consider the use of licensed medicinal products outside the terms of their authorisation (known as off-label use). Finally, this Practice Note considers liability issues concerning the unlicensed use of medicines. The UK regulatory framework for unlicensed medicinal products has mainly originated from EU law. Many principles and requirements derived from EU law have been maintained in UK domestic law, unless specific provisions stipulate otherwise. This Practice Note provides an overview of both the EU and UK regimes: considerations on EU legal requirements can be regarded as applicable to the UK regime unless UK provisions which diverge from EU legislation are explained separately. This Practice Note also explains relevant EU case law; for information on the extent to which UK courts and tribunals are bound
PRACTICE NOTES
This Practice Note summarises the main features of an unlimited company and why an unlimited company might be used as a vehicle to carry on a business as opposed to a limited company. What is an unlimited company? An unlimited company is a private company whose members are not limited in their liability to contribute to the obligations of the company on winding up. An unlimited company cannot be a public company. An unlimited company may or may not have a share capital. If it does have a share capital, the shares will be used to provide working capital and to measure each members' rights in the company, but it will not act as a limit on the liability of the members. Why incorporate as an unlimited company? The members of unlimited companies do not benefit from one of the deemed key advantages of incorporating a company (as opposed to trading as self-employed or as a partnership) being limited liability. This means that if the company were to be wound up, the members themselves would be responsible for
GLOSSARY
A company is an unlimited company if there is no limit on the liability of its members. The unlimited liability of its members is the main disadvantage of carrying on business through an unlimited company.
GLOSSARY
The re-registration of an unlimited company as a private company limited by shares or a private company limited by guarantee. An unlimited company cannot directly re-register as a public company; to become public it would first have to re-register as a private limited company, and then make a subsequent application to become a public limited company.
GLOSSARY
A claim which is difficult to quantify in money terms.
GLOSSARY
Unliquidated damages is where the court must quantify or assess the damages or loss, whether pecuniary or non-pecuniary.
FLOWCHARTS
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FLOWCHARTS
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NEWS
Ireland—Banking and Financial Services analysis: This article, was written by A&L Goodbody’s Capital Markets Debt team.
Q&As
The court has the power, pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), to make an order for sale in respect of a property subject to a trust. Such an order requires the parties to sell the property in order for the equity to be realised and divided between the beneficiaries in accordance with their beneficial interests. The relevant matters to be considered by the court when determining whether and how to exercise this jurisdiction
NEWS
Property analysis: How is the succession of secured tenancies treated by the courts in the context of the Human Rights Act 1998? Ben Chataway of Doughty Street Chambers and Jane Pritchard, head of housing, public law and community care at TV Edwards, comment on a recent ruling and say that if an appeal is unsuccessful, unmarried couples need to request they are granted a joint secure tenancy of any property they share at any time before their partner’s death.
GLOSSARY
Committees used on a temporary basis, especially in the US (often contrasted to formal committees) with no rights to formal recognition.