The facts as you describe them are: • Company A has given notice to terminate its contract with a public body to provide services • the public body has confirmed that it intends to appoint a new contractor to provide services, ie that there will be a relevant transfer under regulation 3(1)(b)(ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 (TUPE 2006, SI 2006/246, reg 3(1)(b)(ii)) (change of contractor) • the identity of the subsequent contractor is not yet known, as the public body has not yet decided to whom it will award the contract • termination of the contract is imminent, and • if

What is CRAR? As of 6 April 2014, the old common law remedy of distress for rent was replaced by the new Commercial Rent Arrears Recovery (CRAR) regime. The Tribunals, Courts and Enforcement Act 2007 introduced a new procedure for executing unpaid commercial rent arrears against the non-paying tenant's goods. Much like the old remedy of distress, CRAR is a self-help remedy and does not generally require the involvement of the courts. However, it brings about many changes, the main ones being as follows: • the use of 'enforcement agents' rather than bailiffs • it may only be exercised in respect

Under section 1003 of the Companies Act 2006 (CA 2006), the Registrar of Companies may strike a company’s name off the register on application by the company. A company which makes such an application must, within seven days from the date on which the application is made, provide a copy to a list of prescribed persons including each member of the company (CA 2006, s 1006(1)). For further details on the voluntary strike off process, see Practice Note: Voluntary striking off and dissolution. Does the personal representatives of a deceased shareholder need to receive notice of a striking off application? When a shareholder dies, his shares automatically vest or ‘transmit’ in their personal representatives by operation of the law of succession. Subject to anything to the contrary in the articles of association of the relevant company, the personal representatives (or transmittees) are entitled to be registered as members in respect

Unlike personal insolvency, corporate insolvency does not have a prescribed process to set aside a statutory demand. Other than paying the debt claimed—or reaching some other settlement with the party serving the statutory demand—the company who has received a statutory demand and wishes to avoid being wound up has only one option: to apply for an injunction restraining the presentation of a winding-up petition (or restraining the advertisement of the winding-up petition if one has already been presented). Before such an application is issued, a letter should be sent (if time permits) by the company to the creditor, setting out why the debt is disputed and why issuing winding-up proceedings is not appropriate. Further, a solicitor's undertaking should be sought that a winding-up petition will not be presented or (if already presented)

A debtor can make an application to court to set aside a statutory demand under rules 10.4 and 10.5 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, if they consider that: • the debt is disputed on substantial grounds • they have a counterclaim, set-off or cross-demand which equals or exceeds the debt demanded by the creditor • the creditor has security for the debt, and that either the creditor has not valued its security or that the value of the security equals or exceeds the full amount of the debt • there are other grounds upon which the demand ought

First, obtain official HM Land Registry entries of the titles and title plans, or if unregistered, epitomes of title, to the dominant and servient lands. If either are let or occupied by a tenant or licensee

General principles In English law, special protection is afforded to communications between lawyers (and in certain circumstances, third parties) and their clients. This is on the basis that there exists, at the centre of that relationship, an obligation of confidence which the legal adviser owes his client, either in respect of confidential communications passed between them, or in relation to documents which may later form part of that party’s brief in adversarial litigation. This special protection, enabling a client to retain confidentiality in relation to certain communications, tends to be known as legal professional privilege (LLP), an umbrella term which encompasses legal advice privilege and litigation privilege. For further information on the meaning and rationale underpinning privilege, see Practice Note: Privilege—general principles. See also Practice Note: Legal professional privilege in civil proceedings for a more detailed consideration of the various criteria for both types of LLP. For a document to be privileged, it must be confidential. In order to effectively

If a parent lacks the ability themselves to care for their child, then a family member may wish to step in and make an application for a child arrangements order (CAO) under section 8 of the Children Act 1989 (ChA 1989) that the child should live with them. If an order is granted providing for the child to live with the family member, then that family member will acquire parental responsibility for the child while that order remains in force, thus enabling them effectively and safely to care for the child while the parent is unable to do so. It may be that the family member will need the permission of the court to apply for a CAO,

In the case of a missing trust deed, the first step would be to conduct a very thorough search for the original document or a copy of the document, consider contacting (amongst others) the following people: • the settlor • the current and former trustees • the beneficiaries • any professional advisers who may have seen a copy of the trust deed (eg lawyers, accountants, financial advisors, investment managers etc) The steps taken to search for the trust deed should be documented, as it may be necessary to note such steps, eg in any statutory declaration or court application that might be required. If a copy of

In answering this Q&A, we have assumed that the question is asked on behalf of the claimant. Before issue In general, the obligation is on the claimant to include in the claim form an address at which the defendant may be served (CPR 6.6(2)). Subject to various exceptions, the claim form must then be served in accordance with CPR 6.9. Where the defendant is a company or limited liability partnership (LLP), it must be served at its actual address, being the appropriate place identified in items 4–7 of the table at CPR 6.9(2). An individual defendant may be served at his usual or last known residence or (if he is sued in the name of a business or partnership) his usual or last known place of business (items 1–3 of the table at CPR 6.9(2)). Where the claimant has reason to believe that an individual defendant no longer

HM Land Registry requires, upon registration of a transfer or on first registration, for there to be sufficient information to enable a full description of the land in question. This will ordinarily include the submission of a plan and that the property is clearly defined on that plan by a suitable reference such as colouring, edging or the like, and that the extent of the land is clearly visible. Ordinarily, in a deed, the plan will be based upon Ordnance Survey mapping or a copy of an approved estate layout plan and it must be to scale—see Practice Note: Land registration—plans and boundaries and HM Land Registry Practice Guide 40: guide overview of Land Registry plans. HM Land Registry Practice Guide 41: developing estates—registration services gives guidance as

Research for this question is limited to covering public contracts regulated under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015). The PCR 2015 include provisions which require contracting authorities to ‘take appropriate measures’ to deal with conflicts of interest and avoid the distortion of competition. The rules are found in PCR 2015, SI 2015/102, reg 24 (Conflicts of interest) which provides that: ‘(1) Contracting authorities shall take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators. (2) For the purposes of paragraph (1), the concept of conflicts of interest shall at least cover any situation where relevant staff members have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure. (3) In paragraph (2)— “relevant staff members” means