Refine By
Clear all filter
About 91070 results for "*"
Q&As
When making public space protection order (PSPO), a local authority is required to adhere to sections 59–75 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) and the Home Office guidance:Anti-social Behaviour, Crime and Policing Act 2014: Anti-social behaviour powers; Statutory guidance for frontline professionals. Pages 47-57 of the guidance set out the matters that must be taken into consideration by a local authority when determining whether or not they are satisfied on reasonable grounds that the activity or behaviour concerned, carried out, or likely to be carried out in a public space: • has had, or is likely to have, a detrimental effect on the quality of life of those in the locality • is, or is likely to be, persistent or continuing in nature • is, or is likely to be, unreasonable, and • justifies the restrictions imposed Among the steps necessary is
Q&As
When considering offering shares to employees, whether directly and/or pursuant to a share plan, employer companies and company shareholders need to consider the value of the shares for a number of reasons, including to provide information to an employee acquiring restricted shares who will enter into a joint election with the employer company under section 431 of the Income Tax (Earnings and
Q&As
The classification system When filing a trade mark application, an applicant has to select the goods and services for which the trade mark will be protected. Typically, this would be a list of everything in relation to which a trade mark applicant currently uses, or intends to use the trade mark. See Practice Notes: Application to register a UK trade mark, Trade mark registration—strategy and EU trade marks (EUTMs). Goods and services are divided into categories called ‘classes’, under the Nice Classification system. Under the Nice Classification system, there are 45 classes of goods and services in total. Classes 1–34 contain goods and classes 35–45 contain services. Physical copies of promotional leaflets (ie paper rather than digital) are in class 16, which is the class covering printed matter and stationery. Filing requirements The UK Intellectual Property Office (UKIPO) and EU Intellectual Property Office (EUIPO) do not actively check if a trade mark applicant
Q&As
This Q&A assumes that all conditions set out in section 142 of the Inheritance Tax Act 1984 (IHTA 1984) are otherwise satisfied. Although we have not found any authority which clearly settles the issue, we would make
Q&As
The courts held an equitable jurisdiction to require that where a person is 'mixed up' in wrongdoing to provide full information to assist the applicant in bringing their claim. This was established by the House of Lords in Norwich Pharmacal v Customs and Excise Commissioners. There are three conditions that must be satisfied in order for the court to exercise its equitable jurisdiction. These are that: • a wrong has been carried out, or arguably carried out, by the ultimate wrongdoer • there is a need for an order to enable action to be brought against the ultimate wrongdoer • the person against whom the order is sought must be mixed up in so as to have facilitated the wrongdoing
Q&As
For the purposes of this Q&A, we have assumed that there are no other proceedings between the same parties in any other part of the UK or any other Lugano Convention (the Convention) territory (within the meaning of CPR 6.31), and that the other ‘interested party’ you refer to is a co-owner of the property against which the charging order is sought. CPR 73.7(1) states: 'Where the interim charging order has been made at the County Court Money Claims Centre and has not been transferred out of that Centre under rule 73.4(6) for a hearing, copies of the interim charging order, the application notice and any documents filed in support of it must be served by the judgment creditor on the persons listed in paragraph (7) within 21 days of the date of the interim charging order.' The
Q&As
Any party in a First-Tier Tribunal (Property Chamber) (FTT) case has the right of appeal to the Upper Tribunal(Lands Chamber) (UT) upon receipt of permission to do so from the FTT or UT: • on any point of law arising from a decision of the FTT (except in the case of an excluded decision as defined in section 11(5) of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) • as ‘a person aggrieved’ by a decision of the FTT under Commonhold and Leasehold Reform Act 2002
Q&As
Practice Note: Permanent residence: acquisition and loss [Archived] states: ‘PR acquired after the date for transposition of the Citizens' Directive (30 April 2006) will 'only be lost by absence from the UK of more than 2 consecutive years'. However, various decisions can be taken under the EEA Regs 2016 against persons with PR that would have the same effect, eg residence documentation confirming PR can be revoked, or a removal decision can be made, if the decision is justified on grounds of public policy, public security or public health. In practice, if any such decision is taken against a person with PR (who will benefit from enhanced protection under regulation 27), they will in all likelihood be excluded for more than two years,
Q&As
In order to qualify for indefinite leave to remain under the 10-year residence route, leave must be both ‘continuous’ and ‘lawful’. As set out in: Long residence and private life resources—overview, the meaning of ‘lawful’ residence: ‘…is defined at Immigration Rules, Part 7, para 276A(b) as being continuous residence pursuant to: …existing leave to enter or remain.’ This means that from the date that leave to enter is ‘existing’, it can be relied upon in this route as ‘lawful’ residence’. In terms
Q&As
Long residence applications Where making an application under the long residence route under paragraph 276B of the Immigration Rules, applicants must show that they have resided in the UK for a continuous and lawful period of ten years: '276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that: (i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom. (ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his: (a) age; and (b) strength of connections in the United Kingdom; and (c) personal history, including character,
Q&As
Paragraph 276A(a) of the Immigration Rules defines continuous residence for the purpose of the 10-year long residence rules as follows: 'Residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant: (i) has been removed under Schedule 2 to the Immigration Act 1971, section 10 of the Immigration and Asylum Act 1999, has
Q&As
As per the Immigration Rules, Appendix A, para 54 to be granted leave under the Tier 1 (Investor) route, an applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Investor) Migrant must score 75 points for attributes. Guidance on how an applicant can score these points is found at the Immigration Rules, Appendix A, paras 55–57: ‘55. Subject to paragraph 56, available points for applications for entry clearance or leave to remain are shown in Table 7. 56 (a) Available points for entry clearance or leave to remain are shown in Table 8A for an applicant who has had entry clearance, leave to enter or leave to remain as a Tier 1 (Investor) Migrant in the 12 months immediately before the date of application, unless Table 8B applies. 57 (a) Available points for applications