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NEWS
Law360: Employment law in 2025 has been dominated by the government's package of employment reforms, but there are significant developments in case law and workplace norms that practitioners should watch closely as winter approaches.
Q&As
Parodic use of a famous trade mark can cause damage to the mark, diluting the mark’s reputation or causing confusion in the marketplace. The good news for brand owners is that, unlike under copyright law, parody is not a statutory defence to infringement. However, true parody and satire may be forms of artistic and political freedom of expression—avoiding trade mark infringement. Below are the main legal tools in a brand owner’s arsenal, in defending their famous marks against parodic use, and the practical considerations and risks in policing such activities. Prevention tools • section 10(2) of the Trade Marks Act 1994 (TMA 1994)—where a trade mark is parodied, usually the parody is not identical, but is recognisably similar, to the brand owner’s mark. If the parody is being used
Q&As
Where the transfer constitutes a transfer of a whole, it is possible to effect this type of transfer using a TR1. See form Transfer of whole or Smart form TR1—Transfer of whole of registered title(s). The transfer would simply be from A and B to B. For the property to be transferred subject to the mortgage, the mortgagee will need to consent to the transfer of the property into the sole name of the intended party. Should it not be possible
Q&As
It is fairly common for property to be left to a number of beneficiaries. In many cases this will result in the beneficiaries wishing to sell the property in order to release in liquid form the capital represented by their inheritance. Where the property is occupied by one of the beneficiaries, or where one wishes to take on the property, that beneficiary may wish to purchase the interest of the others. How this can best be achieved depends upon timing. The beneficiary can approach the estate to purchase the property, which would result in the release of cash equal to two thirds of the value of the property and would have the benefit that the property could simply be transferred into the name of the purchasing beneficiary. An alternative, if there are sufficient
CHECKLISTS
This Checklist sets out the employment-related liabilities that arise on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, or TUPE transfer, and whether they transfer from the transferor (the seller or outsourcing client/outgoing service provider) to the transferee (the buyer or incoming service provider/insourcing client). For further guidance on relevant transfers, see Practice Notes: TUPE—business transfers and TUPE—service provision changes. In relation to a dismissal, the position may vary depending on whether the sole or principal reason for dismissal is an economic, technical or organisational reason (ETO reason) entailing changes in the workforce. For further guidance on ETO reasons, see Practice Note: TUPE—protection against dismissal—Dismissal for an ETO reason. References made in the table to ‘extended’ constructive dismissal are to the scenario envisaged in TUPE 2006, SI 2006/246, reg 4(9), ie where an employee is treated as having been dismissed by the employer in circumstances where: • the relevant transfer involves or would involve a substantial change in working conditions to the material detriment
Q&As
It is important firstly to understand what the parties mean when they use the term BIM level 2 coordinator. Often, people equate this with a BIM information manager, but in some situations the role is actually wider than that of an information manager. For example, the Construction Industry Council Protocol takes the position that a BIM information manager has no design related duties, whereas a BIM coordinator would be responsible for clash detection and model coordination activities (albeit the design lead may undertake these activities)—see section 4. For further information on various roles associated with BIM, see Practice Note: Management of BIM. It is common for the duties of a BIM coordinator to fall within the role of another project participant, and therefore be included as part of that consultant’s appointment rather than a standalone contract. However, if you are engaging the BIM coordinator separately, then you can use one of our Precedent consultant appointments. Depending on the scope of the project, if
Q&As
This Q&A considers the type of costs schedule that should be filed before a fast track trial in a public liability (PL) portal claim. It also considers what to do in the scenario that the actual costs incurred are less than the fixed costs entitlement. CPR 45.29E and Table 6D cover the applicable fixed costs regime for a fast track trial that has dropped out of the PL Portal: C. If the claim is disposed of at trial Fixed costs The total of—• £3,790 • 27.5% of the damages agreed or awarded, and • the relevant trial advocacy fee D. Trial advocacy fees Damages agreed or awarded Not
Q&As
The need for a deed to terminate the settlement and to transfer the property or its net sale proceeds to the remainder beneficiaries will depend on the exact terms of the settlement. If the terms of the settlement conferred an interest in possession on A and give B and C an absolute beneficial interest in the trust property immediately
Q&As
We assume that the solicitors must have been validly appointed by general power of attorney to act as attorneys to apply for the grant of letters of administration for the use and benefit of the sole beneficiary under rule 31 of the Non-Contentious Probate Rules 1987. A suitable precedent power of attorney to take administration is available at Tristram and Coote's Probate Precedents
PRACTICE NOTES
What is a loss? The general concept of 'loss' is not defined in corporation tax legislation. The natural meaning of loss in the context of a business is the amount by which its costs and expenditure exceed its revenue. For corporation tax purposes, there are specific sets of rules relating to the calculation and use of losses. The main types of losses exactly mirror the main types of income for corporation tax purposes: • trading losses • property losses • non-trading loan relationship losses • non-trading losses on intangible fixed assets, and • miscellaneous losses Why does it matter what type of loss it is? As explained in Practice Note: Basis of calculation of corporation tax , a company is required to calculate the results, whether profit or loss, from each type of income separately before bringing the types of income together in the calculation of the amount of corporation tax due. The results of one or more of those types of income may be a loss, but it is not necessarily
Q&As
What are the key costs provisions for family proceedings? The main costs provisions for family proceedings are set out in Part 28 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. Certain parts of the costs provisions of the Civil Procedure rules 1998, SI 1998/3132 (CPR) also apply to family proceedings, with modifications. For further details see Practice Note: Costs in family proceedings. What costs orders can be made in financial proceedings? For practical guidance on costs in financial proceedings generally see Practice Note: Costs in financial proceedings. The general rule is that there will be no order for costs in financial remedy proceedings, but there are exceptions. The application of the various costs rules will vary, depending on the nature of the proceedings. Some specific examples include: • divorce and civil partnership dissolution, see: Undefended divorce proceedings (pre-DDSA 2020) — Consideration of costs, and • applications for financial provision under Schedule 1 to the Children Act 1989 (ChA 1989), see: Procedure under Schedule 1 to the Children
Q&As
The Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability summarises the eligibility and suitability criteria for organisations seeking to register as sponsor employers under Workers and Temporary Workers routes. This confirms (per Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence, ‘Considering your application’) that: ‘A potential sponsor must: • be a genuine organisation operating lawfully in the UK—the Sponsor Guidance notes that an organisation is deemed as operating or trading from the point of incorporation • be honest, dependable, reliable, and have not engaged in behaviour or actions that are not conducive