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Q&As
No particular terms of art are required to indicate a resignation. The employee’s notice of resignation will usually set out whether the employee is resigning on notice and, if so, how much notice the employee is giving. In cases concerning the employee accepting the employer’s repudiatory breach, it has been held that receipt by the employer organisation of the employee's resignation letter is sufficient communication. There is nothing to
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), is entitled to bring court proceedings on the basis of that notice. Section 17 notices LT(C)A 1995, s 17 makes provision for a landlord to recover sums from a former tenant in certain circumstances: • where the former tenant has assigned their tenancy but has agreed to act as guarantor for the performance by their assignee (ie the new tenant) of a tenant covenant for the payment of a fixed charge (such as rent): LT(C)A 1995, s 17(1)(a) • where, under the terms of the tenancy agreement, the former tenant remains bound by a covenant for the payment of a fixed charge (such as rent) even
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Rule 4.228 of the Insolvency Rules 1986 (IR 1986), SI 1986/1925 permits a director of an insolvent company to act as a director of a new company with a prohibited name provided that the business of the insolvent company has been acquired under arrangements made by an insolvency practitioner and notice has been given to the creditors of the insolvent company. The new notice procedure in SI 1986/1925, rule 4.228, as amended on 6 August 2007, allows notice to be served after the old company is in liquidation in certain circumstances. Detailed commentary on the application for this rule can be found in Mithani: Directors' Disqualification at The
PRACTICE NOTES
In this Practice Note, the terms ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. The word ‘permission’ replaces ‘leave’ in the Immigration Rules for simplified routes, but the former term is still used in other categories of stay and the relevant legislation. This Practice Note explains what happens to a person’s leave to enter or remain in the UK when they: • travel outside the UK, the Channel Islands, the Isle of Man and Ireland. This geographical area is known as the Common Travel Area (CTA). For information on immigration regulations within the CTA, see Practice Note: The Common Travel Area • make an in-country application to 'vary' their leave • lodge an in-country appeal • make an in-country application for administrative review, or • withdraw an in-country variation of leave application before it is determined Where a person already has leave to enter or remain, any application to extend, reduce or otherwise alter this leave is termed under the Immigration rules as an application to vary
NEWS
Arbitration analysis: This decision clarifies the scope of section 45 of the Arbitration Act 1996 in the context of an English-seated investment treaty arbitration. The Commercial Court held that a section 45 application may proceed even where a tribunal has previously addressed related procedural issues, provided the application does not constitute a challenge to arbitral rulings. The judgment distinguishes between questions governed by English law, including satisfaction of section 45 requirements and arbitral procedure, and issues governed by foreign corporate law, including authority to act on behalf of a company. The decision reinforces the central role of the law of the seat in procedural matters and confirms the potential breadth of section 45 as a mechanism for judicial determination of legal questions. Produced in partnership with Tatiana Minaeva, independent arbitrator and founder of TM Arbitration.
Q&As
First time buyers of residential property where the purchase price is £500,000 or less and who intend to occupy the property as their main home can benefit from relief from stamp duty land tax (SDLT) for certain transactions with an effective date on or after 22 November 2017. Where the relief applies the rates of SDLT are as follows: • 0% on the first £300,000, and • 5% on the amount above £300,000 In order for the relief to apply, the conditions that must be satisfied are as follows: • there must be a purchase of a major interest (ie excluding leases with
Q&As
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. Financial Services and Markets Act 2000 (FSMA 2000), s 362A applies in relation to a company [or partnership]
Q&As
A statutory demand is a precursor step to issuing a petition for bankruptcy or a winding up petition in respect of a debt and amounts to a formal demand for payment. A failure to comply with a statutory demand or to take any other steps (such as applying to set it aside) is likely to lead to a petition being issued within a four month period and the demand being used as evidence that the debtor is unable to pay their debts. Section 268 of the Insolvency Act 1986 (IA 1986) provides that for the purposes of IA 1986, s 267(2)(c) a debtor appears to be unable to pay a debt if, but only if, the debt is payable immediately
Q&As
Article 33 of the General Data Protection Regulation (GDPR), which imposes data breach notification requirements, came into force on 25 May 2018. The wording is: ‘In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the [the Commissioner], unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural
FLOWCHARTS
This flowchart sets out the circumstances in which the City Code on Takeovers and Mergers (Code) will apply. The Code may apply to takeover bids, merger transactions and other transactions that have or may have, directly or indirectly, an effect on the ownership or control of a business. The Code limits its application in practice mostly to those transactions having as their objective
Q&As
As a general rule, an employee is subject to income tax in the UK on his general earnings if he is resident in the UK or he is carrying out employment duties in the
PRACTICE NOTES
FORTHCOMING CHANGE relating to profits from exploration and exploitation rights: On 13 July 2026, HMRC published for consultation draft legislation and a policy paper relating to the taxation of exploration and exploitation activities by non-UK resident companies in the UK sector of the continental shelf for the purpose of CTA 2009, s 1313. It expands the scope of that section by providing for a new category of ‘other profits from immovable property connected with the UK seabed and subsoil’ which are deemed to be attributable to a non-UK resident company’s UK PE. The policy paper states that currently certain contractual rights (such as overriding royalty interests, net profit interests, net cashflow sharing arrangements) may fall outside the intended scope of the UK’s taxing provisions due to their interaction with the UK’s tax treaties. The amended legislation is intended to address this interaction by treating such profits as arising from immovable property. The draft legislation is intended to be included in Finance Bill 2026–27 and the measure will come into effect for profits arising on