The term ‘clear days’ relates to the calculation of notice periods connected with company meetings and resolutions under Part 13 of the Companies Act 2006 (CA 2006), and is defined in CA 2006, s 360. CA 2006, s 360(1) sets out the instances in which the clear day rule applies. CA 2006, s 360(2) provides that in the instances specified in CA 2006, s 360(1), the period of notice required does not include the day on which the notice is given or the day of the meeting. The date the notice is 'given' is the date that the notice is deemed to be received, and not the date of dispatch. To calculate the number of clear days’ notice, it will first be necessary to work out what the date of receipt, or service, of the notice will be. The provisions for calculating the date of service or deemed service of the notice may be set out in the company's articles of association. Where there are no such express provisions

Section 44(1) of the Landlord and Tenant Act 1954 (LTA 1954) contains the definition of ‘landlord’ for the purposes of LTA 1954, Pt II. That party will be the competent landlord for the purposes of service of notices (save for section 27 notices which must be served on the immediate landlord) and the issue of lease renewal or termination proceedings under LTA 1954. The competent landlord is determined by identifying the superior interest which fulfils the following: • the landlord is the owner of an interest in

In the absence of any agreed definition, where the phrase 'consequential loss' (or 'indirect loss') is used in a commercial contract, it has generally been regarded as referring to losses within the second limb of Hadley v Baxendale. The court in Hadley v Baxendale held that damages for breach of contract: ‘should be such as may be fairly and reasonably considered either arising naturally, that is according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it’ The court created a ‘two limb test’ to understand whether a loss is too remote to be consequential, and therefore not recoverable. The first limb is the knowledge of what happens in the ordinary course of things, which is imputed to the parties whether or not they knew it. The second limb is

The JCT contracts use the phrase ‘direct loss and/or expense’ in various clauses—see for example clause 4.19 of the Design and Build Contract 2016, which provides that the contractor is entitled to reimbursement where it incurs direct loss and/or expense as a result of

For a discussion of real and personal estate, we refer you to the Practice Note: Devolution of assets and the need for a grant. In particular, we draw your attention to the Devolution section which outlines the meaning of personal

Rule 16(1) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (TP(FTT)(TC)R 2009), SI 2009/273, provides as follows (our emphasis added): ‘(1) On the application of a party or on its own initiative, the Tribunal may— (a) by summons (or, in Scotland, citation) require any person to attend as a witness at a hearing at the time and place specified in the summons or citation; (b) order any person to answer any questions or produce any documents in that person's possession or control which relate to any issue in the proceedings.’ We have been unable to locate any guidance on the meaning of ‘possession or control’ in the specific context of TP(FTT)(TC)R 2009, SI 2009/273. However, there is similar wording in the rules about HMRC’s information

‘Principal elevation’ is referred to in the exceptions and conditions to various permitted development rights in Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO), including: • Class A—the enlargement, improvement or other alteration of a dwellinghouse • Class B—additions etc to the roof of a dwellinghouse • Class E—buildings etc incidental to the enjoyment of a dwellinghouse • Class F—hard surfaces incidental to the enjoyment of a dwellinghouse • Class G—chimneys, flues etc on a dwellinghouse CLG’s Permitted development rights

What is a 'fundamental breach'? Following the decision in Photo Production Ltd v Securicor Transport Ltd, it has now been settled that a fundamental breach is no more than a repudiatory breach and so the commentary referred to generally uses that expression. For further information, see commentary: Fundamental breach: Halsbury’s Laws of England [350]. A repudiatory breach will be deemed to have occurred where a party to a contract declares his intention (either by words or conduct) not to perform his primary obligations under the contract. These primary obligations will be at the core of any contract and will give the innocent party the right to treat the contract as being disregarded and entitle the innocent party to refuse to be bound by its terms. What amounts to a repudiatory breach will vary with each contract. Repudiation is a serious matter and is not to be lightly

The measure of damages for these items is governed by the common law. This was considered in the case of Consortium Commercial Developments Limited v ABB Limited. In which Mr Andrew Bartlett QC sitting as a Deputy High Court Judge stated that: 'The question is what, in all the circumstances, is the landlord's loss. Where the landlord claims reinstatement, it is necessary to consider whether reinstatement is reasonable. Where the landlord has not carried out the work, and does not intend to do so, the measure is likely to be the diminution

As an impartial adjudicator, the Pensions Ombudsman's decisions are final and binding on the parties in the complaint, subject to any appeal to the High Court of the decision on a point of law. The Pensions Ombudsman is a lower court for the purposes of the CPR—a ‘lower court’ being defined under CPR 52.1(3)(c) as ‘the court, tribunal or other person or body from whose decision an appeal is brought’. This means that the Ombudsman’s decision can only be changed if it is successfully

As set out in the Practice Note: Sponsoring a Skilled Worker, in order to be eligible for Skilled Worker a role must pay higher than both: • the relevant ‘general salary’ threshold, and • the relevant minimum ‘going rate’ for the role The role midwifery nurse (2231) is a listed health and education SOC 2020 occupation code found in Table 3 of Immigration Rules, Appendix Skilled Occupations which means that the eligible salary levels are based on national pay scales (Option K; Immigration Rules, Appendix Skilled Worker, paras SW 4.2(c), SW 4.4 and SW 13.1). In general, when checking that the going rate is met, the applicant’s intended annual gross salary will be pro-rated, according to their intended working pattern. Where the job is in an eligible health and education occupation

What are the obligations to use the model cancellation form? The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) set out a number of obligations on traders regarding the form that they must provide to consumers so they (eg consumers) can cancel the contract. The CCR 2013, which came into force on 13 June 2014, state at reg 13(1)(b): ‘before the consumer is bound by distance contract, the trader ... must give or make available to the consumer a cancellation form as set out in Part B of Schedule 3.’ The cancellation form in Part B of Schedule 3 to the CCR 2013 is known as the model cancellation form and is set out below. The form only applies where a right to cancel exists. In addition, regulation 32(3) of the CCR 2013 states that the consumer may use the model cancellation form but they are not obliged to do so. Regulation