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The New Bill of Costs is being introduced as part of the Jackson Costs Reforms. It has been developed by the Hutton Committee and works in conjunction with the time recording which uses J-Codes. For detailed information on the introduction of the New Bill of Costs as well as the pilot scheme, see: • Detailed assessment—New Bill of Costs [Archived]—This
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We assume you are referring to investigations for breaches of the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996. In conducting our research, we have focussed on powers of investigations under FSH(E)R 2013, SI 2013/2996. FSH(E)R 2013, SI 2013/2996 give extensive powers to an officer authorised by the Food Standards Agency (FSA) or by food authorities to enforce what are collectively
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The answer to this depends on whether the contract of employment is also to stand as the employee's written statement of particulars of employment (see Written statements of employment particulars—to 5 April 2020 [Archived]). Written statement of particulars of employment Every employee is entitled to receive a written statement containing certain details of their employment terms within two months of starting work. An employer may use an alternative document, such as a contract of employment or an offer letter and, in practice, most employers do this rather than provide a separate written statement. The required details are: • the names of the employer and employee • the date when the employment began (see Continuity of employment—When the continuous period starts) • the date on which the employee's continuous employment began (see Continuity of employment) • the scale or rate of pay or the method of calculating pay (see Pay and wages and National minimum wage) • the intervals at which the employee is entitled to be paid (ie weekly, monthly
Q&As
For the purposes of this Q&A it is assumed that: • the trust in question is a private trust governed by English law, of which all the trustees are individuals • it is not a charitable trust, and • the provision of the contemplated guarantee by the trustees is authorised either by the terms of the trust or by statute A guarantee can be executed as a deed or under hand, but there may be certain advantages to executing it as a deed. See Q&A: Does a guarantee have to be executed as
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Duties of charity trustees As set out in Practice Note: Charity trustees—duties and liabilities, the Charities Act 2011 (CA 2011) imposes a number of specific duties on charity trustees (see under heading Statutory duties). Trustees of charities are also subject to the duty of care imposed by the Trustee Act 2000 (TrA 2000). In addition to statutory duties, charity trustees are also subject to fiduciary duties to administer the charity in good faith in accordance with its governing document and the general law, so as to carry out its charitable purposes as effectively as possible. Decisions should be taken on the basis of proper consideration of all relevant factors and to the exclusion of the consideration of irrelevant matters, and they should be within the range of decisions open to a reasonable
Q&As
Duties of charity trustees As set out in our Practice Note: Charity trustees—duties and liabilities, the Charities Act 2011 (CA 2011) imposes a number of specific duties on charity trustees (see under heading Charity trustees—duties and liabilities — Statutory duties). Trustees of charities are also subject to the duty of care imposed by the Trustee Act 2000. In addition to statutory duties, charity trustees are also subject to fiduciary duties to administer the charity in good faith in accordance with its governing document and the general law, so as to carry out its charitable purposes as effectively as possible. Decisions should be taken on the basis of proper consideration of all relevant factors and to the exclusion of the consideration of irrelevant matters, and they should be within the range of decisions
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The following may be of assistance: • Riverside Park Ltd v NHS Property Services Ltd, and related News Analysis: Tenant failed
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The definition for ‘priority need’ is outlined in section 189 of the Housing Act 1996 (HA 1996), and s 1(c) includes: 'a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside.' In order to qualify for priority need, the test for
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Trust corporation A trust corporation is a company which is given special status under the Trustee Act 1925 and the Law of Property Act 1925. The definitions in both Acts state: ‘“trust corporation” means the Public Trustee or a corporation either appointed by the Court in any particular case to be a trustee, or entitled by rules made under sub-section (3) of section four of the Public Trustee Act 1906, to act as custodian trustee.’ The
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The trustees should consider whether the loan is to be for a term or repayable on demand. Commonly, the latter course is followed when
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Section 55(2) of the Administration of Estates Act 1925 (AEA 1925) states that references to a child or issue living at the death of any person include child or issue en ventre sa mère at the death. It has been adopted as a rule of construction for giving effect to a presumed intention, that, in a gift or condition referring to persons of a named relationship to the testator who are born at or living
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Quoted companies are subject to additional requirements in relation to the preparation and filing of their annual accounts and reports over and above the general requirements for all companies. The rules governing quoted company annual accounts and reports are set out in Part 15 of the Companies Act 2006 (CA 2006) and in the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008, SI 2008/410 (the Regulations). Under the Regulations, certain information which would usually be set out in a company's articles would need to be included in the company's annual report. The directors’ report All companies are required to produce a directors’ report, but the content requirements vary according to the status of the company. The rules governing the preparation of the directors’ report are set out in Part 15 of the CA 2006, along with basic content requirements. One of these requirements (under CA 2006, s 236(1)) is details of any 'qualifying third party indemnity provision' benefitting a current or former