The simple reason for expressing a charge as a proportion of the gross is that it secures a sum of money (though a percentage means that the chargor is subject to the vicissitudes

Family analysis: The final version of the Family Justice Council (FJC) guidance on covert recordings in family law proceedings concerning children has been released. Amy Baugh, associate at Steele Raymond LLP, sets out the principles for the court and practitioners to apply, as well as how to best approach clients who have taken covert recordings, the risks of bringing such recordings to the court’s attention and how to apply to do so.

Commercial analysis: The implications of the General Data Protection Regulation (GDPR) are limited for some distributors, but potentially more complex for other distributors. An example is where a distributor acts as an in-country service provider. Mark Chapman, corporate and commercial partner and Matthew Lea, solicitor at Herrington Carmichael LLP, comment on considerations which include contractual matters and compliance issues relating to the flow and use of personal data outside the European Economic Area (EEA).

This Q&A assumes that ‘insurance company’ means an ‘insurer’ as defined by the Financial Conduct Authority (FCA) in their glossary (FCA Handbook) based in the UK. This Q&A does not make specific assumptions as to whether the business is general insurance, long-term, retail, wholesale, business to business or business to consumer. The Insurance Distribution Directive (IDD) (Directive (EU) 2016/97) will come into force on 1 October 2018. The UK's approach to implementation of the previous

Construction analysis: The judgement of 15 November 2023 in Canada Square v Potter [2023] UKSC 41, [2023] All ER (D) 66 (Nov) has implications for defect claims under construction contracts. Katie Lee, Barrister at Gatehouse Chambers, provides comment on the development.

The Crown Dependencies of Jersey, Guernsey and the Isle of Man, and the Overseas Territories of Bermuda, Cayman Islands and British Virgin Islands (collectively referred to as the CDOTs), have all introduced new legislative economic substance requirements for companies and other entities with a presence in their respective jurisdictions. The legislation has been designed to address concerns that companies could be used to artificially attract profits that are not commensurate with economic activities and substantial economic presence in the CDOTs. With this in mind, the legislation requires certain companies to demonstrate they have substance in relevant jurisdiction by: • being directed and managed in the jurisdiction • conducting core income generating activities in the jurisdiction, and • having adequate people, premises and expenditure in the jurisdiction For detailed information, see Practice Note: Economic substance legislation in the Crown Dependencies and Overseas Territories—summary. Jersey Jersey has issued the following guidance on the impact of the coronavirus (COVID-19)

Unlike company general meetings and annual general meetings, there are no provisions in the Companies Act 2006  regulating board meetings or prescribing who can call a board meeting or any notice period that has to be given to directors when convening a board meeting. Instead, the procedure for calling and conducting board meetings is usually set out in the articles. For comprehensive information on the convening and holding of board meetings under normal circumstances see Practice Notes: • Directors’ board meetings—fundamentals • Directors’ decision-making—convening board meetings • Directors’ decision-making—conduct at board meetings • Directors’ decision-making—written resolutions and decisions by sole directors On 26 March 2020, compulsory measures (the 'Stay at Home Measures') prohibiting, among other things, public gatherings of more than two people were passed into law in England

On 24 February 2021 the Chartered Governance Institute (CGI) issued updated guidance (2021 Guidance) which anticipated that for the duration of the governmental restrictions, general meetings and AGMs would be required to be held on a closed basis until at least 17 May 2021 and possibly until at least 21 June 2021. The 2021 Guidance was produced by a working group comprising, along with the CGI, the City of London Law Society Company Law Committee and Martin Moore QC, with the support of the Department for Business, Energy and Industrial Strategy (BEIS) and the Financial Reporting Council (FRC). It was also supported by

We have assumed that the implied periodic tenancy has arisen following the expiry of a ten-year term and where the tenant continued to pay an annual rent (quarterly) for a further ten years and where no negotiations for a new tenancy ever took place. While leases for a term certain in excess of three years must be made by way of deed, leases for a term not exceeding three years may be created orally. This will include a periodic tenancy for a period not exceeding three years. Such a tenancy can arise by implication, for example where a person goes

The short answer to this Q&A is that the bankruptcy of the seller in a foreign country is likely to create additional hurdles and complications for the transaction, as well as potential risks for the purchaser. The same will depend on the country in which the bankruptcy order is made, and also at what point in the residential transaction process the bankruptcy order is made. Although of course the question posits a foreign bankruptcy, it is helpful to consider by analogy the position if the seller was made bankrupt in England and Wales. In such a scenario, the seller’s interest in the relevant residential property would form part of their bankrupt’s estate (created by section 283 of the Insolvency Act 1986 (IA 1986)). That bankrupt’s estate vests in a trustee in bankruptcy on the trustee’s appointment. If a bankruptcy order was made before exchange and completion, the effect will be that the seller would no longer able

A Form E is a financial statement used by a party in financial remedy proceedings to inform the court of their financial position. It concludes with a statement of truth containing the warning that proceedings for contempt of court may be brought against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth. See Practice Note: Preparation of Form E. By Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 17.2(6), the applicant or respondent may sign the statement of truth themselves, or may authorise their litigation friend or legal representative to sign it on their behalf. The signatory must delete wording as appropriate so that it is clear who is signing the statement of truth. If the signatory

Section 101 of the Law of Property Act 1925 (LPA 1925) deals with the powers which are incident to estate or interest of mortgagee. Those powers include