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PRECEDENTS
This is an example of a guide which can be sent to clients. It provides general guidance regarding unopposed business lease renewals under the Landlord and Tenant Act 1954, including an overview of how the process is started, the steps to be taken and timings. Many business tenants have a right to remain in their premises and request a new lease when their current lease comes to an end. Where the landlord is happy to grant a new lease to the tenant, this is known as an unopposed lease renewal. In most cases, landlords and tenants are able to agree the terms of a new lease without any dispute, but the court can be asked to determine a term of the new tenancy if agreement cannot be reached. This guide explains what an unopposed lease renewal is and the various steps involved. What is an unopposed lease renewal? An unopposed lease renewal is where: • a business tenant wishes to remain at the premises and take a new lease, and • the landlord does not object
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Law360, Expert analysis: On 28 April 2022, the Building Safety Act 2022 (BSA 2022) received royal assent, bringing about the biggest change to building safety in 40 years. The BSA 2022 introduced significant changes to how buildings are designed and constructed and the management of high-rise residential buildings, and there has already been a huge raft of secondary legislation implementing elements of the BSA 2022. Written by Zoe Eastell, partner, and Zack Gould-Wilson, senior associate, at Reynolds Porter Chamberlain LLP.
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Law360: With the news of yet another bank under investigation by the Financial Conduct Authority (FCA) for potential breaches of anti-money laundering regulations, what are banks getting wrong? And what is the FCA doing about it? Written by Kathryn Westmore, senior research fellow at the Centre for Financial Crime and Security at the Royal United Services Institute.
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Law360: On 4 April 2024, the UK government's hikes to salary thresholds for skilled worker visas came into effect, resulting in many firms being forced to withdraw job offers and cancel contracts. Consequently, some large firms, such as Deloitte, became the subject of press scrutiny over their withdrawn offers.
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Local Government analysis: Each of the claimants is a nursing home in Banbury, Oxfordshire. Oxfordshire County Council (‘Oxfordshire’) is a local authority responsible for adult social care services in accordance with the provisions of the Care Act 2014 (CA 2014). The claim concerned nursing fees in relation to two residents of the claimants. There were periods during which the claimants had not received payment in respect of the two residents. The claimants had brought a claim against Oxfordshire. The original Particulars of Claim sought declarations that Oxfordshire was under a duty to meet the unpaid costs. When Oxfordshire applied to strike out the claim or for summary judgment, the claimants sought permission to amend the Particulars of Claim to introduce a claim based on unjust enrichment. The claimants were permitted to amend the Particulars of Claim and Oxfordshire’s application to strike out or for summary judgment was dismissed. Written by Ian Peacock, barrister at 4-5 Gray’s Inn Square.
PRACTICE NOTES
An unpaid vendor’s lien operates as a type of equitable charge giving the vendor security in equity for payment of the agreed purchase price. It applies to freehold and leasehold property. Nature This equitable lien is an equitable right to a charge independent of contract and possession. It arises automatically by operation of law. The unpaid vendor’s lien is founded on the principle that someone who has obtained possession of property under a contract for valuable consideration is not allowed to keep it without payment of the consideration. An equitable lien is subject to all the usual conditions affecting equitable rights and so relief may be refused if the vendor’s conduct has been improper. When it arises The lien arises as soon as contracts are exchanged. It does not depend on completion. It subsists even if the vendor executes an outright transfer and parts with possession of the property (and if relevant the title deeds). The lien arises: • whether the whole or part of the purchase money is unpaid • even though a receipt has been
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Law360: The year ahead is poised to be one of 'unprecedented change' for the UK pension risk transfer market, a consultancy has said, predicting more competition among insurers and increasing value of deals.
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Law360, London: Unqualified employees of law firms cannot conduct litigation, even under the supervision of a qualified solicitor, a London court has ruled in a decision that clarifies who is able to carry out regulated legal work under the Legal Services Act 2007.
GLOSSARY
A report by the company's auditor on the company's balance sheet for the purpose of a re-registration of a company from private to public. 'Unqualified' means (a) if the balance sheet was prepared for a financial year of the company, a report stating without material qualification the auditor's opinion that the balance sheet has been properly prepared in accordance with the requirements of the CA 2006, and (b) if the balance sheet was not prepared for a financial year of the company, a report stating without material qualification the auditor's opinion that the balance sheet has been properly prepared in accordance with the provisions of the CA 2006 which would have applied if it had been prepared for a financial year of the company.
GLOSSARY
A company whose equity share capital is not included on the Official List in accordance with the provisions of FSMA 2000, Part 6, nor is officially listed in an EEA State, nor is admitted to dealing on either the New York Stock Exchange or the exchange known as Nasdaq (CA 2006, s 385(2)). Compare with quoted company.
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Property analysis: A transfer back of a property, following a previous trust deed and transfer in favour of an associated company, did not count as a disposal for the purposes of the tenants’ pre-emption right in Landlord and Tenant Act 1987 (LTA 1987). The trust deed meant that the associated company never acquired the beneficial interest and the transfer back to the landlord was exempt under LTA 1987 as the discharge of a trustee. The landlord was therefore saved from having to transfer the property to the qualifying tenants for nil consideration.
GLOSSARY
In the context of proceedings for divorce or dissolution, behaviour of such nature by the respondent that means that the petitioner can no longer tolerate living with the respondent.