Openings on the highway, generally speaking, belong to the party who owns the thing opened onto—this is an application of the general rule that works undertaken pursuant to statute must, usually, be maintained by their creator. Whether or not the water authority is likely to be the appropriate defendant to a claim will depend on the specific facts of the case. Relevant factors to consider may include who has repaired the defective manhole cover. If the water authority is sued in negligence, it is suggested that for these purposes the test of whether or not they are likely to be found liable

We have assumed that this is a standard-rated lease, ie a lease under which the rent attracts value added tax (VAT). This would normally be the case where the landlord has exercised the option to tax and the option has not been disapplied. Service charges are typically payable to

A company is UK tax resident if it is: • incorporated in the UK (subject to exceptions), or • centrally managed and controlled in the UK provided it is not treated as resident outside the UK in accordance with a double tax treaty (ie provided it is not treaty non-resident). The central management and control test is often referred to as the CMC test. For information on treaty non-residence, see Practice Note: Tie breakers—when tax treaties impact on the UK tax residence of companies. For information on how to migrate a UK tax resident company from the UK, and the tax consequences of such a migration, see Practice Notes: Company migration or corporate inversion—how to change tax residence in practice and Consequences of company migration—UK exit charges and post-migration UK tax considerations and Corporate migration by shifting tax residence—checklist. It is important to know if a company is UK tax resident or not since that determines the extent to which the company is within the charge to UK corporation tax. A UK

There is no requirement for a cover letter to be provided to an EMI option holder. However, many companies do choose to issue cover letters to option holders to help them understand the incentive being offered to them, with such letters often including detail on the complex tax treatment of an EMI share option. However, note that paragraph 37 of Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) dictates that the EMI written option agreement and scheme rules must contain certain information (including details of any restrictions attached to the shares being

In answering this Q&A, we have referred to creditors’ voluntary winding up only. A liquidator is the officer appointed when a company goes into liquidation who has responsibility for collecting in all of the assets of the company and settling all claims against the company before putting

It appears from the government guidance published on 26 March 2020 (the Guidance) that the administrator of a company which has been placed into administration will be able to access the coronavirus (COVID-19) (CJRS). The guidance explicitly states: ‘Where a company is being taken under the management of an administrator, the administrator will be able to access the CJRS. See Claim for your employee’s wages through

When a company owes money under a contract but the creditor goes into liquidation, the basic position is that the money is still owed and must be paid. If the contract sets out how payment should be made, then payment should be made in accordance with the method specified in the contract. Otherwise, it would be advisable to contact the liquidator to ask what method of payment would be acceptable. The reason the

This Q&A assumes that the question relates to a company incorporated under the Companies Act 1985 (CA 1985) or previous companies legislation with a long-form, old-style memorandum of association. A company incorporated under CA 1985 or previous companies legislation will have been incorporated with a long-form, old-style memorandum. Such a company would have had a statement of its authorised share capital in its memorandum. All the provisions in the memorandum of such a company have been treated as provisions in its articles with effect from 1 October 2009, unless steps were taken to remove them, by virtue of Companies Act 2006 (Commencement No 8, Transitional Provisions and Savings) Order 2008, SI 2008/2860, Sch 2, para 42. If a company has not taken steps to remove the authorised share capital provision in its memorandum,

If goods are faulty, the Consumer Rights Act 2015 (CRA 2015) provides tiered remedies for a consumer. If a consumer asks for a repair or replacement which does not remedy the fault, the consumer can reject the goods and ask for their money back. The trader can make a deduction from the refund for the use a consumer has had of the goods if they have had them for more than six months. However, as you have pointed out, if the good concerned is a motor vehicle, the

The Consumer Rights Act 2015 (CRA 2015) provides for tiered remedies, meaning that the ‘final right to reject’ is only available to the consumer in the situations specified by CRA 2015, s 24(5): • after one repair or one replacement, the goods do not conform to the contract • because of CRA 2015, s 23(3) the consumer can require neither repair nor replacement of the

We refer you to the Q&A: Can a business-to-business contract provide for one party only to have termination rights? which you may find useful for your purposes. The Practice Note: Termination and expiry of contracts sets out the law, guidance and practice relating to terminating an agreement, including the practical and legal consequences of the method

Summary A general partner (GP) will normally hold legal title to the assets of the limited partnership (LP). As the LP has no separate legal personality the assets are held by the GP as the undivided joint property of the general and limited partners in the LP. The GP holds the legal title to those assets subject to the LP agreement or the general rules of partnership for the partners generally. If the GP creates security over those assets in favour of a creditor of the partnership, the fact that it does so as a GP for the LP does not mean that it is acting in a trustee position in relation to the partners in the LP. Where, however, the security is over an interest in land, the GP may be a trustee because of the operation of certain provisions of the Trustee Act 1925 (TA 1925) and the Law of Property Act 1925 (LPA 1925)