The entitlement of an equitable chargee under a charging order to apply for relief from forfeiture was established in Ladup v Williams & Glyn Bank plc. The chargee is not entitled to claim under section 146(4) of the Law of Property Act 1925, not being an undertenant, but can apply under the court's inherent jurisdiction. It may, however, be

When considering fraud under section 993 of the Companies Act 2006, if the offence is indictable, is there a time limit for laying the information? Fraudulent trading, prohibited by section 993 of the Companies Act 2006 (CA 2006), is triable either in the magistrates' court or the Crown Court. Section 127 of the Magistrates' Courts Act 1980 (MCA 1980) provides that a magistrates' court shall not try an information alleging

Paragraphs 189–192 of chapter 16 of the National Planning Policy Framework (NPPF) are entitled 'Proposals affecting heritage assets' and paragraphs 193–202 'Considering potential impacts'. These paragraphs do not refer to 'mitigation measures', but it is nonetheless clear that the assessment to be undertaken by the local planning authority (LPA), as to whether the development proposal causes substantial or less than substantial harm, is to be conducted after mitigation measures have been taken into account. Paragraph 196 states: 'Where a development proposal will lead to less than substantial harm…' (emphasis added). Paragraph 197 states: 'The effect of an application on the significance of a non-designated heritage

The charge to UK corporation tax on a non-UK resident company depends (subject to special rules for companies that deal in or develop UK land) on the existence of a permanent establishment in the UK. Under UK law, a permanent establishment is defined in section 1141(1) of the Corporation Tax Act 2010 (CTA 2010) as: • a fixed place of business through which the company's business is wholly or partly carried on, or • an agent acting on behalf of the company, having and habitually exercising authority to do business

An employer is generally expected to act reasonably and fairly when it comes to dealing with disciplinary issues in the workplace. Not doing so could potentially lead to claims, including claims for unfair dismissal if the employee is subsequently dismissed and they qualify for unfair dismissal protection. There is also the possibility of wrongful dismissal claims if the employee is dismissed without notice for gross misconduct and claims for constructive dismissal and unlawful discrimination even if the employee is not dismissed. An employer should therefore ensure that it complies with the standards for fairness set out in the Acas Code of Practice on disciplinary and grievance procedures (Acas Code), as well as

The transfer of a registered estate is a registrable disposition which must be completed by registration under section 27 of the Land Registration Act 2002 (LRA 2002). Until the transfer is registered it does not operate at law, therefore it is necessary that a donee who receives the title to a registered estate by way of a gift registers this transfer. We refer you to HM Land Registry Practice guide 7: entry of price paid or value stated data in the register (LRPG 7), paras 5 and 11 which set out the guidelines as to what will be included on the register where there is no payment made in respect of a transfer. In

Submission to jurisdiction In SMAY Investments, the court set out the principle that when determining whether a person has submitted to the jurisdiction ‘the test to be applied is an objective one and what must be determined is whether the only possible explanation for the conduct relied on is an intention on the part of the defendant to have the case tried in England.’ This test has since been applied by the High Court on other occasions; see for example Global Media International Ltd and Meerza . On these cases you may also find the following News Analysis useful: Court’s discretion under CPR 3 to allow amendments to perfect a claim

A lease terminates as a result of merger when both the lease and the reversion on that lease become vested in the same person (Rye v Rye). However, merger does not arise automatically when that vesting occurs. Instead, merger is a matter of intention, and in the absence of any direct evidence of intention, it is to be presumed that merger was not intended. An example of a contrary intention is where the tenant has not applied to HM Land Registry for its freehold and leasehold interests to be merged (Eastern Power Networks (formerly EDF Energy Networks) v BOH). Where merger does not occur, the reversion and the lease remain

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. Covenants for title are warranties and are set out in sections 1–13 of the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) and apply to both freehold and leasehold transactions. A seller will usually sell with either ‘full title guarantee’ or ‘limited title guarantee’. Inclusion of those key words in the transfer automatically confers the statutory covenants for title into the transfer without the need to set them out expressly in the document itself. If those key

The general rule The starting point is CPR 36.14(8) (see Practice Note: Part 36 offers—deciding whether to accept a Part 36 offer—What happens when a Part 36 offer is accepted?). An accepted Part 36 offer does not immediately create a judgment debt, but CPR 36.14 does specify that the claim (or part of the claim) is stayed ‘upon the terms of the offer’. This is automatic—subject to the exception at CPR 36.14(4)—and is therefore not dependent on there being a sealed order spelling out the terms or ordering payment. Because of CPR 36.6(2), it is possible for there to be a defendant’s offer which has been accepted and is to be treated as a Part 36 offer despite providing for payment at a later time than within 14 days of acceptance. The possibility of such a written agreement disapplying the 14 days requirement is acknowledged at CPR 36.14(6). Where

A transfer of equity occurs where joint owners of property adjust the ownership of the property between themselves. This is commonly encountered on the breakdown of a marriage or civil partnership where one party transfers their interest in the property to the other but can also arise in other situations; for example, where a sole proprietor transfers a share of their property to a new joint owner. For the purposes of this scenario, this Q&A assumes that a property is jointly

Between themselves, legal mortgages are ‘registrable dispositions’ and rank in priority in the order shown in the charges register for the property and not in the order of the date they were created, subject to any entry in the register to the contrary (see section 48(1) of the Land Registration Act 2002 (LRA 2002) and the Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 101). You may find useful Practice Note: Effect of registration at HM Land Registry or Land Charges Department on priority of security interests. A registrable disposition such as a legal mortgage must therefore be registered