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The government guidance Practice guide 6: devolution on the death of a registered proprietor provides (at para [2.3]) that the personal representative of a deceased sole proprietor of a charge or mortgage may, without first being registered
NEWS
Practice Compliance analysis: On 16 May 2024, the Legal Services Board (LSB) issued to the legal services regulators new Requirements, Guidance and a statement of policy intended to improve the way in which first tier complaints are handled. We analyse the new LSB requirements and what they will mean for law firm complaints handling.
Q&As
When an arbitration agreement provides for arbitration under the 2013 Procedural Regulations of Arbitration (the 2013 Regulations) of the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC or the Centre), the parties must, among many other things, consider the costs that will be incurred in the arbitration. The costs include, but are not limited to: • each party's representatives, experts fees and expenses • fees of the institution • fees of the Panel (in ADCCAC arbitration, the tribunal is called the Panel) • other expenses such as venue costs, translators, witnesses' expenses Types of costs incurred To a certain extent, and despite the best efforts of all involved, it is difficult to anticipate how much an arbitration will cost (for information on costs in international arbitration generally, see Practice Note: Costs in international arbitration). In terms of the costs of the institution and the Panel's fees, the 2013 Regulations provide the following. Costs in the Terms of Reference/Arbitration Deed A key point to note specifically for arbitration
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When filing a counterclaim the same fee will apply as if the remedy sought were the subject of separate proceedings. You therefore need to determine the fee payable on the basis that you were initiating proceedings. For
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UPDATE: This Q&A has been superseded by the later Q&A What will the impact of the end of the Brexit transition period be on the export controls applicable to ‘dual-use’ software?. The export of certain categories of software, and particularly encryption software, is controlled by export control regulations in the UK and the EU. Breaching export controls is a criminal offence. Now that the UK has left the EU but with the benefit of a transition period under the Withdrawal Agreement, EU law will continue to apply in and in relation to the UK until the end of the transition period (scheduled to end on 31 December 2020). During the transition period the UK remains in the EU internal market and the EU export control regime applies as if the UK were still an EU Member State. After the end of the transition period the EU Treaties, EU free movement rights and the general principles
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The export of certain categories of software, and particularly encryption software, is controlled by export control regulations in the UK and the EU. Breaching export controls is a criminal offence. The UK left the EU with the benefit of a transition (or ‘implementation’) period under the Withdrawal Agreement, meaning EU law continues to apply in and in relation to the UK until the end of the transition period (scheduled to end at 11 pm UK time on 31 December 2020). During the transition period, the UK remains in the EU internal market and the EU export control regime applies as if the UK were still an EU Member State. After the end of the transition period, the EU Treaties, EU free movement rights and the general principles of EU law (such as the single market and the customs union) will cease to apply in the UK. For the purposes of EU export controls at the
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The regulatory framework that covers drone use in the UK is currently governed by international, EU and domestic law. The relevant EU law is Regulation (EU) 2018/1139 (the Basic Regulation) which is directly applicable in all EU Member States. The Basic Regulation sets out common rules on safety in civil aviation, including drones. It re-establishes and extends the remit of the European Aviation Safety Agency (EASA), the EU regulator, to cover civilian drones, among other things. For more information, see Practice Note: Drones—the EU legal framework—European aviation regulation. Domestic legislation on aviation safety which covers drones
Q&As
An interest under a trust of land can only be protected by a restriction. A restriction makes it apparent from the register that either: • the powers of the relevant proprietor are limited, or • a condition must be met before a disposition can be registered Where there is a restriction in the register it prevents the registration of any disposition of the registered estate or charge except in accordance with the terms of that restriction. The function of a restriction in relation to a beneficial interest is generally to ensure that the interest is overreached
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Title deeds constitute the primary evidence and the boundaries indicated in them prevail if they are clear and unambiguous. The starting point is the parcels clause
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Para 4 of Schedule 12 to the Water Industry Act 1991 (WIA 1991) provides as follows: ‘4 Compensation in respect of sewerage works etc (1) Subject to the following provisions of this paragraph, a sewerage undertaker shall make full compensation to any person who has sustained damage by reason of the
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A limited company having a share capital may issue shares that can be redeemed at the option of the company or a shareholder, provided that: • if it is a private limited company, its articles of association do not exclude or restrict the issue of redeemable shares, and • if it is a public limited company, its articles of association contain an express authorisation for the company to issue redeemable shares Therefore, a company’s articles of association should be checked to ensure that it has the power to issue redeemable shares. If it does not, it will be necessary to amend the articles of association
Q&As
Surrender by operation of law For a surrender by operation of law to take place, there must be unequivocal conduct by both parties to the lease which is inconsistent with the continuation of the tenancy. In Padwick Properties Ltd v Punj Lloyd Ltd, the court emphasised that the unequivocal conduct