We have assumed that POC means ‘Particulars of Claim’. Strike out There are a number of steps you may be able to take when subject to an order striking out your statement of case. These include seeking to set aside or appeal the strike out order. It might also be appropriate to apply for relief from the sanction of strike out. Whatever step(s) you choose to take, bear in mind that action must be taken very promptly. In relation to relief from sanctions, a court may impose sanctions on parties that fail to comply

The Consumer Rights Act 2015 (CRA 2015) contains provisions about unfair terms in contracts between traders and consumers for goods, services and digital content. The CRA 2015 re-implemented Directive 93/13/EEC, the Unfair Terms in Consumer Contracts Directive, into UK law. It provides that a term or notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer (CRA 2015, s 62). The Competition and Markets Authority (CMA) has published guidance on unfair contract terms. The CMA guidance helps businesses understand what makes terms and notices unfair in business-to-consumer (B2C) contracts, and what the

By section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), any person who is a trustee of land or has an interest in property subject to a trust of land can make an application to the court for an order under TOLATA 1996, s 14. On any such application, pursuant to TOLATA 1996, s 14(2), the court has a discretion to make any such order: • relating to the exercise by the trustees of any of their functions, or • declaring the nature or extent of a person’s interest in property subject to the trust By

Court’s approach It is the court’s intention to keep the time and cost of litigating to a minimum and the court is now taking a more pro-active approach to case management compliance and relief from sanctions, taking into consideration the April 2013 Jackson Reforms. As such, there are several different avenues open to the claimant to seek the defendant’s compliance with a disclosure order or to ultimately seek to prevent the defendant from defending the claim eg through an unless order or a conditional order for full strike out of the defence. For further guidance on the effects of non-compliance, see Practice Note: Case management—compliance. Disclosure Under CPR 31.21, a party who fails to disclose or permit inspection of a document may not rely on that document without the court's permission to do so. A failure to comply with disclosure obligations may, particularly where there is no evidence to rely on in support of the claim prompt an application

With the coronavirus (COVID-19) pandemic continuing to cause significant economic turmoil, many listed companies may need to raise funds quickly through equity capital fundraisings. Equity fundraisings can be split into two different types: pre-emptive offerings and non-pre-emptive offerings. In a pre-emptive offering, such as a rights issue or an open offer, shareholders are given the opportunity to subscribe in the fundraising pro-rata to their existing shareholdings. In a non-pre-emptive offering, such as a placing, shares are offered to selected investors and this will see the holdings of existing shareholders in the company diluted. The key types of secondary fundraisings which a listed company may consider in an emergency situation are discussed below. Placing In a placing, shares are usually offered to a selected group of institutional investors for cash. The placing is generally structured so that it falls within one of the exemptions from the requirement to publish a prospectus which saves time and cost. There is an exemption from the requirement

This Q&A looks at the options available to obtain or cancel ordinary shares held by a shareholder in a private company that has articles of association in the form of the model articles (see Precedent: Model articles—private limited company—after 28 April 2013). The Companies Act 2006 (CA 2006) sets out the ways in which a private company’s issued share capital may be dealt with. It provides that: • shares may be transferred (CA 2006, s 544) • share capital may be altered in a number of prescribed ways, eg it may be reduced (CA 2006, ss 617(1)–617(4)) • shares may be bought back by a company (CA 2006, ss 617(5)(a), 617(5)(b), Pt 18) • shares may be redeemed (CA 2006, s 617(5)(a), Pt 18) • shares may be forfeited or surrendered in lieu, in pursuance

This can occur when the tenant is holding over under the lease pursuant to section 24 of the Landlord and Tenant Act 1954 (LTA 1954), following the expiration of the fixed term. The business tenancy has not terminated and it continues until either the tenant serves a notice pursuant to LTA 1954, s 27(2) or it is determined by court order pursuant to LTA 1954, s 29(2), which requires the landlord to establish any of the grounds under LTA 1954, s 30(4)(a). Assuming that it is the landlord who wishes to terminate the lease, the landlord must first have served a notice pursuant to LTA 1954, s 25 in the prescribed form. The notice must specify all of the grounds relied upon in LTA 1954, s 30(1). LTA 1954, s 30(1) grounds are, in summary: • the state of repair of

In this Q&A, we have assumed that medical evidence has been obtained and is ready to be served but the medical evidence is incomplete because a final prognosis of the medical condition has not yet been reached and/or further evidence is required from experts in other fields of expertise. CPR PD 16, para 4.3 requires that ‘where the claimant is relying on the evidence of a medical practitioner the claimant must attach to or serve with his particulars of claim a report from a medical practitioner about the personal injuries which he alleges in his claim’. (CPR PD 16, para 4.3A immediately below sets out specific requirements for soft tissue injury claims.) CPR

Section 193(7) of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) to revoke a lawful development certificate (LDC) if: • a false statement was made • a false document was used, or • information was withheld The procedure for revocation is set out in Article 39 of the Town and Country Planning (Development Management Procedure) (England) Order

We refer you to precedent: Land collaboration agreement which you may be able to adapt for your purposes. However, we draw your attention to the drafting note for this precedent, which states the following in regards to tax consequences: “It is prudent for the client to seek detailed tax advice on the tax consequences arising from a collaboration/land pooling agreement structure. Depending on the individual tax status of each of the parties a collaboration agreement/land pooling agreement may not be suitable. Tax issues may include: an upfront tax disposal

Where a company amends its articles, it is required to file a copy of the articles as amended and the shareholder resolution within 15 days of the date on which the amendment takes effect and the resolution is passed (Companies Act 2006, ss 26 and 30 (CA 2006)). If a company fails to do so, an offence is committed by the company and every officer

Penalties for late payment A person who is subject to the Soft Drinks Industry Levy (SDIL) must make returns for the purposes of SDIL for each three-month period ending 31 March, 30 June, 30 September and 31 December. The return and the payment of SDIL is due within 30 days of the end of each accounting period. The SDIL late payment penalties fall into the harmonised regime under Schedule 56 to the Finance Act