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The framework for which each licensing authority must follow in relation to applications for a premises licence is set out under section 18 of the Licensing Act 2003 (LA 2003). The starting point is an obligation to grant an application (made in proper form) unless 'relevant representations' are made. To be admissible, a representation must relate to the licensing objectives, which are set out in LA 2003, s 4(2) as follows: • the prevention of crime and disorder • public safety • the prevention of public nuisance and • the protection
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In conducting our research we have focussed on the applicability of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) only. Additional consumer rights may be available under other legislation. For more information, see: Trading with consumers—overview. Crucial to the analysis of the applicability of the CCR 2013 (and, further, the cancellation rights provided under them) are both the: • nature of the agreement • identity of the contracting parties Scope of the CCR 2013 As noted in Practice Note: Distance, doorstep and on-premises sales, the aim of the CCR 2013, which implement Directive 2011/83/EU, the Consumer Rights Directive, as amended by the Consumer Contracts (Amendment) Regulations 2015, SI 2015/1629, is to ensure that consumers negotiating off-premises agreements for goods, services or digital content are in a similar position to those consumers who make purchases at retail premises. Relevant issues to consider include: the definitions of ‘consumer’
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Notification requirements The notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003) to manage the risks posed by sex offenders living in the community. The scheme only applies to certain categories of offenders and is commonly referred to as the sex offenders' register, although there is no register as such. For further guidance, see Practice Note: Notification requirements under the Sexual Offences Act 2003 and Home Office Guidance: Part 2 of the Sexual Offences Act 2003. The notification requirements do not form part of the sentence of the court but are a statutory consequence of the sentence (see R (on the application of Minter) v Chief Constable of Hampshire Constabulary). Notification periods The notification period depends on the sentence imposed for the relevant offence. Notification periods are set out in a table in SOA 2003, s 82(1) and
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It is possible to incorporate a limited company as either private or public. There are some key differences in the Companies Act 2006 (CA 2006) requirements and procedures applying to private and public (unlisted) limited companies. The requirements of the CA 2006 for private companies limited by shares are somewhat simpler than the requirements for public companies. This is because one of the main objectives of the CA 2006 when it was drafted was to apply a ‘think small first’ approach to company regulation by applying a simple, 'light-touch' provisions for private companies (irrespective of their asset value or size), adding more restrictive provisions for public companies (whether or not they are listed) and even more stringent provisions for companies with shares that are traded on public markets. It was hoped that this method would make company law easier for small companies and their advisers to understand and comply with. For more details, see Practice Note: Companies Act 2006—history and approach to implementation. Examples of this ‘think
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Where transferable securities are being offered to the public and admission to trading of such transferable securities is being sought, only a single prospectus will be required. In this scenario in order for an issuer not to produce a prospectus there must be an exemption available for both parts of the transaction, eg the offer to the public and the admission to trading. If an exemption from the requirement to produce a prospectus applies to only one part of the transaction, eg the offer to the public, the issuer will still be required to produce a prospectus relating to the other part of the transaction, eg the admission to trading unless there is also an exemption available for such part. The exemptions may, but do not have to, be the same for each part of the transaction. An offer to the public and/or an admission to trading are both exempt from the requirement to publish a prospectus where transferable securities are offered in connection with a takeover by
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Introduction to political advertising Political advertising is dealt with differently to other forms of advertising. It is particularly topical because of the General Election in 2017, concerns over the veracity of some of the claims made during the 2016 EU referendum campaign and concerns over Conservative Party spending during the 2015 General Election campaign. Although no criminal charges will be brought, the party was fined by the Electoral Commission, see LNB News 10/05/2017 30. For background, see News Analysis: Hey big spender—illegal election expenditure. What is political advertising? Political advertising is defined in section 7 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) as: 'claims in marketing communications, whenever published or distributed, whose principal function is to influence voters in a local, regional, national or international election or referendum'. Non-broadcast political advertising as defined is exempt from regulation under the CAP Code. Somewhat confusingly, marketing communications by central or local government are treated as being distinct from those concerning party policy. Broadcast political advertising is banned
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The options depend on whether your client has set up in a business in the UK already. My client has not established their business in the UK yet. Can they send someone to gets things started? The representative of an overseas business visa is specifically for overseas businesses that want to establish a presence in the UK. If your client has no representative in the UK already, then they can send someone to the UK for the purposes of setting up a UK branch/wholly-owned subsidiary of the overseas entity. The UK branch/subsidiary must carry on the same type of business as the overseas entity. The representative must be employed by the overseas entity, have full operational powers in relation to the UK branch/subsidiary they will establish and they cannot be a majority shareholder in the parent company. The representative must also meet an English-language requirement as part of the entry clearance application. You should ensure that your client
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Practising social distancing, coronavirus (COVID-19) style, presents serious challenges for the mediation of disputes. Some brave souls may still be willing to try face-to-face mediations (subject to compliance with the guidelines), but virtually all seem to have moved online during the coronavirus crisis. At present there is not much need of debate—either mediate on line or probably not at all until the social distancing regime eases. Two questions can however be posed today. If remote mediation is the only realistic choice, is it worth trying? Is remote mediation attractive in its own right and will it be part of the mediation scene post coronavirus? Practitioners may answer both questions in the affirmative. Online dispute resolution is nothing new—it has been around as long as the technology has been readily available. However, it is not really accurate to describe most of the available processes as mediation, they are really bargaining forums where offers and counter offers can be exchanged and accepted. They don’t
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The UK listing regime has two listing segments: standard and premium, each of which is divided into a number of categories. A company must comply with the requirements that are applicable to the category under which it is listed. To obtain a standard listing a company must comply with the minimum European Union (EU) directive standards, which are incorporated into the Listing Rules. A company seeking a standard listing must satisfy the basic eligibility conditions set out in chapter 2 of the Listing Rules. In particular: • the securities must be issued by a body corporate • the company must be in compliance with applicable legal and regulatory requirements, and • the company must have published an approved prospectus which has been approved by the Financial Conduct Authority (FCA) To obtain a premium listing of its equity shares a company must comply with requirements that exceed those required under relevant EU directives, referred to as the super-equivalent standards. These
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A secondary listing is only available to UK companies with at least 25% of their shares in public hands and where the aggregate market value of all securities (excluding treasury shares) to be listed is at least £700,000. Furthermore, companies applying for a secondary listing must comply, among other things, with the following requirements:
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The Companies Act 2006 (CA 2006) sets out detailed provisions relating to the preparation of annual accounts and reports by a company. The Companies, Partnerships and Groups (Accounts and Reports) Regulations 2015, SI 2015/980 (2015 Regulations) made a wide range of amendments to the CA 2006, particularly in relation to the small companies regime. All
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A joint tenancy on an assured shorthold basis is one in which two or more people are named as tenants in the tenancy agreement. This gives each of the joint tenants the same rights and responsibilities, and those responsibilities (such as for the payment of rent) continue throughout the term of the tenancy even if one of the joint tenants moves out. This gives rise to potential difficulties as even if a tenant leaves due to domestic abuse, if the remaining tenant does not pay the rent or damages the