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CPR 36.16(2) provides that (emphasis added): ‘The fact that a Part 36 offer has been made and the terms of such offer must not be communicated to the trial judge until the case has been decided.’ The primary exception to this rule is that the trial judge can be informed that an offer has been made—but still not the terms of the offer—after the liability judgment has been given in a split liability trial (see CPR 36.16(3)(d), Interactive Technology Corp Ltd v Jonathan Ferster and Ted Baker PLC v AXA Insurance PLC). The purpose of this exception is to facilitate the Part 36 offer being considered when the costs orders are made without prejudicing the quantum trial. The
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It is assumed that the landlord's title is registered at HM Land Registry. The Land Registration Act 2002 (LRA 2002) made sweeping reforms to the system of land registration in England and Wales. LRA 2002, s 2 provides for registration of various interests including estates in land. The Land Registration regime applies to legal estates in land only; the register is not concerned with beneficial interests. Under LRA 2002, s 27, the grant of a lease out of a registered title for a term of more than seven years must be completed by registration at HM Land Registry. The grant does not operate at law until the relevant registration requirements are met (see
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Failure to comply with the insurance distribution regime could represent a breach of the: • SRA Handbook (the Financial Services Scope and Conduct of Business Rules form part of the wider SRA Standards and Regulations), and/or • underlying Insurance Distribution Directive (IDD) • exempt professional firms (EPF) regime Breach of SRA Handbook The SRA's enforcement teams have a variety of powers and tools at their disposal. These can be divided into two broad categories: formal and informal. Formal enforcement In relation to a solicitor, other authorised lawyer or firm, the SRA has powers to: • issue
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UK sanctions regime Financial sanctions in the UK may be imposed by the UN Security Council, through UN Security Council Resolutions. These are implemented in the EU through common positions and regulations, which have direct effect in the UK. The Office of Financial Sanctions Implementation (OFSI) may also designate domestic (UK resident) individuals or entities as targets, usually under counter-terrorist financing legislation—see Terrorist Asset-Freezing etc Act 2010 (TAFA 2010). Therefore, in the UK, financial sanctions are set out in EU Regulations and UK Statutory Instruments. For further information, see Practice Note: Understanding the financial sanctions regime. Organisations and individuals should have a clear understanding of both financial and trade sanctions (where appropriate to their business) and be able to identify risks raised by particular customers, services, products and transactions
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The purpose of an election under section 198 of the Capital Allowances Act 2001 (CAA 2001) is to allow the buyer and seller of a property to elect jointly to fix, for capital allowances purposes, the amount of consideration to be allocated to any fixtures on which the seller has previously claimed allowances. As an alternative to making an election, either party may apply to the First-tier Tribunal (FTT) for an apportionment. It is not sufficient that
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If a debtor fails to pay the sums demanded, it is deemed to
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A person who acts in breach of a disqualification order or disqualification
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It is an essential characteristic of a lease that the landlord gives exclusive possession to the tenant for the term. See Commentary: Distinction between lease and licence: Hill and Redman's Law of Landlord and Tenant [290]–[341]. A landlord has no general right of entry onto the demised premises, and requires an express right in order to enter and do repairs. As explained in Commentary: Rights of entry to carry out works and recover costs: Hill and Redman's Law of Landlord and Tenant [3569], ‘Clauses which expressly reserve rights
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Section 658 of the Companies Act 2006 (CA 2006) states that a limited company must not acquire its own shares, whether by purchase, subscription or otherwise, except in accordance with the provisions of CA 2006, Pt 18. If a company breaches CA 2006, s 658: • the purported share buyback is void (the effect of this is that any shareholder seeking to sell their shares remains the holder of those shares and the shares remain in issue), and • an offence is committed by the company and every
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Why are security documents typically executed as deeds? Security documents are typically executed as deeds. This is because: • a legal mortgage of land must be made by way of deed—see Practice Note: Taking security over land • an instrument under which a power of attorney is granted must be executed by the donor by way of deed—see Practice Note: Execution formalities—under a power of attorney—security documents will typically include a power of attorney from the security provider in favour of the secured party to enable the secured party to take actions to protect or enhance security under the further assurance clause if the security provider fails to do so and to enable the secured party to transfer title to assets over which it has only an equitable charge • if executed as a deed, a secured party enjoys certain enforcement powers conferred by statute in relation to the mortgages and charges contained in the debenture, such as the power to appoint a receiver or exercising
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It is a compliance requirement, as specified in Appendix D to the Sponsor Guidance ('How long you must retain documents'), for sponsors to keep such documents on file for the duration that the sponsor holds their sponsor licence. If it is discovered as part of any internal audit that these documents have not been kept on file, it may be possible for a sponsor to go back and collate these retrospectively, ie locate and save any historic bank statement, VAT certificate, lease for premises
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Constructive dismissal test does not require employee to raise a grievance In accordance with the principles set out in Western Excavation (ECC) Ltd v Sharp, in order for there to be a constructive dismissal, the following requirements must be met: • there must be an actual or anticipatory breach of contract by the employer which goes to the root of the contract so as to be sufficiently serious to justify the employee's resignation without notice (such a breach is often described as being 'repudiatory') • the employee must resign in response to the breach • the employee must not delay too long in terminating the contract in response to the employer's breach, otherwise the employee may be regarded as having elected to affirm the contract and will lose the right to treat himself as discharged It is not a legal requirement to raise a grievance in order to claim constructive dismissal. In Tolson v Governing Body of Mixenden Community