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Provisions which generally restrain a company from acting without the prior consent of an investor in that company are often seen in the context of companies in which an investment has been made by a private equity or venture capital fund. These provisions, which are known as veto rights or negative covenants, can usually be found in the shareholders' agreement relating to a company. By way of example, these provisions typically provide that the company will not (and will procure that none of its group companies will not) carry out certain steps/actions set out in the relevant shareholders’ agreement, ie certain ‘reserved matters’, without the consent of the investor. This consent is typically expressed to be provided either by the investor directly in writing or by its relevant director appointee to the board of the company, ie an investor director. If the company has more than one investor, consent may be provided by
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Under the Proceeds of Crime Act 2002 (POCA 2002), money laundering is defined as: • concealing, disguising, converting, transferring or removing criminal property out of the jurisdiction • entering into or becoming concerned in an arrangement that facilitates the acquisition, retention, use or control of criminal property, and • acquiring, using or possessing criminal property Money laundering is further defined in the Terrorism Act 2000. It is an offence to enter into or become concerned in an arrangement that facilitates the retention or control by or on behalf of another person of terrorist property: • by concealment • by removal from the jurisdiction • by transfer to nominees, and • in any other way There
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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. See Practice Note: Privilege—general principles. This special protection, enabling a client to retain confidentiality in relation to certain communications, tends to be known as 'legal professional privilege' (LPP) and is a central principle for the administration of justice. LPP is an umbrella term which encompasses legal advice privilege and litigation privilege. The key principle is that a person must be able to consult their lawyer freely, assured that the confidence in any information provided
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Firstly, the combined effect of paragraphs 1 and 2(aa) of Schedule 14 to the Housing Act 2004 (HA 2004) is that a building where the person managing or having control of it is a non-profit registered provider of social housing is not a house in multiple occupation
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The Town and Country Planning (Use Classes) Order 1987 (UCO), SI 1987/764 puts uses of land and buildings into various categories known as use classes. Not all uses of land or buildings fit within a particular use class set out in UCO, SI 1987/764. When no use classes order category fits, the use of the land or buildings is described as sui generis, which means ‘of its own kind’. UCO, SI 1987/764 does not contain any specific individual use class for student accommodation. What use class such accommodation falls into
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Planning use classes in England and Wales are described and classified in the Town and Country Planning Use Classes Order 1987 (UCO 1987), SI 1987/764. In England, amendments to UCO 1987, SI 1987/764, were introduced in September 2020 by the Town and Country Planning (Use Classes) (Amendment) (England)
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The Town and Country Planning (Use Classes) Order 1987 (UCO), SI 1987/764 puts uses of land and buildings into various categories known as 'use classes'. Not all uses of land or buildings fit within a particular use class set out in UCO.
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General principles The Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764 categorises uses of land and buildings into broad categories set out in the Schedule of the Use Classes Order, SI 1987/764. Each category is known as a 'use class'. The Use Classes Order, SI 1987/764 also list a series of uses which are expressly stated not to fall within any of the use classes set out in the Use Classes Order, SI 1987/764. These uses are commonly known as ‘sui generis uses’. Additionally, there are other uses which are not in a specific use class of the Use Classes Order, SI 1987/764 and which do not expressly constitute sui generis uses. Such uses simply fall outside of the Use Classes Order, SI 1987/764. The fundamental purpose of the Use Classes Order, SI 1987/764 categorising
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Section 41 of the Administration of Estates Act 1925 gives personal representatives (PRs) power to appropriate assets in or towards satisfaction of any legacy or other interest or share in the deceased's property, whether or not a person is absolutely entitled in possession at the date of appropriation. This enables PRs to allocate assets in the estate in their existing form without having to sell them and distribute the proceeds. Where PRs appropriate assets, they should (unless the Will provides otherwise) revalue the assets as at the date of appropriation, as opposed to using the date of death value (Robinson v Collins) to determine the legatee's entitlement. If the length of time between the date of death and appropriation is short, the beneficiaries may agree that appropriation should be made at probate value. The Will may give the
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Asset Vests in the trustee in bankruptcy? Comments Reference The bankrupt's (their family's) primary/sole residence Yes (but for a limited time only) The asset will only vest in the bankruptcy estate for a period of three years beginning on the day the bankruptcy order is made. Section 283A of the Insolvency Act 1986 (IA 1986) Freehold property Yes Where the bankrupt holds an interest in land, that interest will vest in the trustee in bankruptcy (trustee). IA 1986, ss 283(1) and 436 Leasehold property Varies Apart from a few exceptions, leasehold property will vest in the trustee.The exceptions are certain statutory tenancies as set out in IA 1986, s 283(3A), but the trustee can claim even these by service a notice. IA 1986, ss 283(1), 283(3A) and 308A Money/cash Yes To the extent the bankrupt holds any money/cash at the time the bankruptcy order is made, that will form part of the bankruptcy estate and vest in the trustee. IA 1986, ss 283(1) and 436 Pensions No
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This response assumes that the individual who would be facilitating the training is not a Creative Artist. The Practice Note: Visitors: prohibited and permitted activities sets out when a person with permission as a visitor can or cannot work in the UK. Although ‘work’ is not defined in the Immigration Rules, Introduction, it is defined in the Visitor rules in terms of prohibited and permitted activities. Immigration Rules Appendix V: Visitor, para V4.4 confirms that visitors must not intend to work in the UK if this includes any of the following activities: taking employment in the UK, doing work for an organisation or business in the UK, establishing or running a business as a self-employed person, doing a work placement or internship, direct selling to the public, and providing goods and services. The Visitor rules make clear that visitors must not intend
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This Q&A briefly outlines the key Brexit-related legislation announced by the UK government, highlighting legislation passed, progressing and pending in preparation for the end of the Brexit transition/implementation period (IP completion day). The government has introduced a range of primary and secondary legislation to give effect to Brexit in domestic law, including the introduction of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) and European Union (Withdrawal Agreement) Act 2020 and related statutory instruments (Brexit SIs). For background reading, see Practice Note: Brexit—Tax—Legislation tracker [Archived]. The government has also introduced a further package of legislation to deliver specific policy changes relating to, or resulting from the UK’s withdrawal from the EU, in areas such as trade, agriculture, immigration and international sanctions. Some of this legislation has been introduced as specifically under the banner of ‘delivering Brexit’ and other legislation has been announced under different categories, but is also relevant in the context of the UK’s withdrawal from the EU. Some Brexit-related legislation has already passed, with further