Exclusions in Wales are governed by section 52(3) of the Education Act 2002, as regulated by the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) Regulations 2003, SI 2003/3246 (W 321). The Welsh government has also produced guidance: Exclusion from schools and pupil referral units, which must be adhered to in relation to exclusions. Depending upon the duration of the exclusion the relevant

Articles: a contract between the members and the company The articles of association constitute a contract between the members and the company (Companies Act 2006, s 33(1)). For details on the articles forming a contract, including a summary of the body of case law on this subject, see the link to Buckley on the Companies Acts in the related documents pod. Remedies

In commerce, there will often be disclosures made, whether in anticipation of a deal or funding or for other economic reasons. See Practice Notes: Know-how and trade secrets and Confidential information. Breach of confidence Know-how and trade secrets may be protected by an obligation of confidentiality either arising under common law or because of specific, contractual terms pursuant to confidentiality clauses or stand-alone non-disclosure agreements (NDAs). In order for there to be a breach of confidence the information needs to: • have the necessary quality of confidence. This means genuine trade secrets and know-how and not: ◦ information that

Breach of contract The employment tribunal has no mechanism of its own for making respondents comply with monetary or non-monetary awards (or with monetary or non-monetary terms of an Acas-conciliated COT3). For further information, see Practice Note: Enforcement of employment tribunal awards and Acas COT3 settlements. If the former employer was in breach of the COT3 agreement, the individual may have a remedy in damages for breach of contract. If successful, the individual would be entitled to damages to place them in the same position, so far as money can do it, as if the contract in question been properly performed. Damages will be awarded only when loss was caused by the breach, and a claimant cannot recover damages in respect of a

Personal belongings are viewed as chattels by the courts. Ideally, the division of chattels should be agreed by way of a schedule denoting the destination of items. Unless the value of the chattel is significant, the court may be reluctant to deal with such issues on the basis of proportionality. If the division of chattels cannot be agreed, then a Scott Schedule should be prepared to include the reasons (briefly) why a particular item is sought be a party. See K v K (ancillary relief: property division). Where an agreement cannot be reached, and it is considered proportionate,

The Housing (Right of First Refusal) (England) Regulations 2005 (the Regulations 2005), SI 2005/1917 prescribe the conditions for the right of first refusal covenant which must be inserted into the conveyances or grants of leases of properties bought under the Right to Buy, Right to Acquire and Preserved Right to Buy schemes, and also for properties bought at a discount under the powers of voluntary disposal from local authorities, registered social landlords and housing action trusts. The requirement to insert such a covenant was introduced by the changes to the Right to Buy scheme made by the Housing Act 2004 (HA 2004) which inserted section 156A of the Housing Act 1985 (HA 1985). Owners wishing to dispose of properties

An order for sale is an order from the court. It follows a standard form. The order for sale does not take effect if, by a certain time and day, the judgment debt is paid including any costs awarded (either interim pending final assessment or an assessed sum) plus interest (which continues to run until the debt is paid). If the amount is not paid, then the order for sale takes effect. The usual terms means that the property can be sold without reference to the court. The price will be fixed by the party in whose favour the order was made and their

In answering this Q&A we have limited our research to cover the issues arising as a result of the trust property having been incorrectly defined, and we have not considered any claims which may be made against the draftsperson or any tax implications of the trust or remedies suggested. Rectification of the trust document and rescission for mistake Where appropriate, an application for rectification can be made to the court. For the court to rectify a trust instrument, both parties must agree that the document does not reflect their agreement. If a settlement involves bargaining between the parties then rectification may be obtained where it is clearly proved by convincing evidence that owing to a mistake of the draftsman the settlement does not express the real intention of the parties: the mistake must thus be mutual. See Practice Note: Rectification and Mistake in recording intention, so justifying rectification: Underhill and Hayton: Law of Trusts and Trustees

The placing of anything on land belonging to another without permission or some sort of right is a trespass. This would cover the leaning of a ladder against the wall of a person’s house, dumping of rubbish etc and the building of a shed. Every continuance of a trespass is a fresh trespass in relation to which a new cause of action arises from day to day, as long as the trespass continues. As soon as the trespass has occurred or the landowner comes to know of it, he should request that the offending object or structure be removed. If the trespasser does not remove

The landlord will only have repairing obligations to the extent of any express obligations in the tenancy, subject to a few exceptions including: • an obligation to ensure any retained premises are in such condition not to cause damage to the tenant • an obligation to ensure demised premises being constructed are completed in a good and workmanlike manner using proper materials so as to be reasonably fit for human habitation • a duty, if the landlord designed or built the premises, to take reasonable care to ensure the building is free from any defect likely to cause injury • where the implication of a term is required to give business efficacy to the transaction. However, a term will not be implied if there is a comprehensive code dealing with repairs etc • repairing covenants implied by statute, including: ◦ repairing obligations in respect of short residential leases under section 11 of the

Secure or flexible tenants have the ‘right to buy’ their homes at a discount after they have spent a specified time as a public sector tenant. This is subject to a 3-year qualifying period, and may be subject to sanctions if the tenant has been guilty of anti-social behaviour or a possession order has been made. The relevant statute is the Housing Act 1985 (HA 1985). The procedure • the tenant serves notice under HA 1985, s 122 (s 122 notice) claiming to exercise the right to buy. This can be withdrawn by the tenant at any time. The notice must be in the form prescribed by the Housing (Right to Buy) (Prescribed Forms) Regulations 1986, SI 1986/2194 • within four weeks of the tenant’s s 122 notice, the landlord must serve a notice on the tenant to either admit or deny the

For the purposes of this Q&A, it is assumed that the relevant shares are shares held in the capital of a private limited company incorporated in England and Wales. Potential criminal consequences Consideration should be had as to whether, through the deliberate sale of shares to which the seller did not have legal title, a criminal offence has been committed. For example, under section 2 of the Fraud Act 2006 (FrA 2006), an offence is committed if the defendant made a false representation dishonestly knowing that the representation was, or might be, untrue or misleading with the intent to make a gain for themselves or another or to cause loss to another or expose them to risk of loss. If a person suspects they may be the victim of a fraud, they can report their suspicions to the police or Action Fraud.