Special rules apply where one or more land transactions is entered into by a person wholly or partly in consideration of one or more land transactions entered into by the same person as vendor. The subject matter of this transaction is a major interest in land. Under paragraph 5 Schedule 4 to the Finance Act 2003, the chargeable consideration for each transaction is an amount equal to the greater of: • the market value of the land which is the subject matter of the relevant transaction,

This Q&A assumes that C had a vested interest in the Will trust property at the time of C's death. It should be possible to vary either the distribution to C under A’s Will, or the distribution to C’s wife under C’s Will. However, the tax consequences may differ, depending on the exact circumstances. Where a variation satisfies the requirements of section 142 of the Inheritance Tax Act 1984 (IHTA 1984), the variation will operate for inheritance tax (IHT) purposes as if made by the deceased themselves.

An instrument of variation must be effected by everyone who gives up an interest or otherwise loses a benefit from the deceased’s estate as a result of the variation. This is usually the original beneficiaries whose interests under the Will or intestacy are being redirected. Where a variation involves an interest in an unadministered or settled estate, consider including the personal representatives (PRs) or trustees of that estate as parties to obviate the need to give notice to them separately. See Practice Note: Variation of Will or intestacy after death While the new recipient

We do not have a single set of terms and conditions suitable for both B2B and B2C contracts concluded at a distance and in person, and the drafting for a set of terms is increasingly difficult. Our Precedent: On-premises (in store) terms and conditions for the supply of goods—business-to-consumer recognises this fact: ‘Clause 1.2: Non-business customers’ This clause states that only domestic and non-business users may buy goods from the trader. If the trader supplies goods to businesses, it might look to have separate terms and conditions which apply to its business customers given that there is much more

A claim for damages will be brought under contract and/or tort law. Where a tort has been committed, the legal tests of establishing that there has been a breach of duty which has caused some harm or loss will apply in a medical negligence action. The standard of care expected of a surgeon will be to have exercised a degree of care and skill accepted as proper and responsible by a responsible body of surgeons skilled in that particular art. The Bolam and Bolitho tests apply. See also Practice Note: Consent in clinical negligence claims—treatment and causation. Personal claim against the doctor A person

As identified in Practice Note: Real estate development finance—introductory guide to collateral warranties, the purpose of a collateral warranty is to create a contractual link where there wouldn't normally be one, thereby enabling a third party to have a direct contractual relationship with the parties to the original contract. The third party can then

Loan agreements Generally, where money is lent without a time for repayment being specified, the sum becomes repayable immediately. However, parties are free to fix a time for repayment, which would include the sum being repayable by instalments, or to agree that the loan is only repayable on demand. Where loans are repayable by instalments, the loan agreement will often provide the ability for the lender to ‘call in’ the entire sum and interest if there is default on any instalment. These are known as acceleration clauses. The terms of the agreement Here, notwithstanding the informality of the stated lending arrangement, there is clearly a contract for the loan of money whereby the lender, C, has agreed to lend a sum of money to D in consideration

We have assumed that there is no binding agreement for lease. Where a person without an interest in land nevertheless grants a lease, a tenancy by estoppel arises. The tenancy binds both parties and their successors, but not third parties (such as the true owner). As such, the tenancies granted

Authority A company incorporated under the Companies Act 2006 (CA 2006) (ie Company A or B) may grant a person the authority to execute deeds or other documents on its behalf as its attorney, provided that instrument of authority is executed as a deed. As long as the document executed by the attorney, in each case, is done so in accordance with the powers granted under the power of attorney, it will have the same effect as if it were executed by the company. In each case, the company’s governing documents should be checked to ensure that the attorney has been validly appointed. For example, a company that is incorporated under CA 2006 will usually have an express power

In this scenario, it appears that Company A has a concurrent lease of the surrender area. You may wish to review Practice Note which deals with concurrent leases and the further reading suggested within it: Concurrent leases. This states: ‘Where a concurrent lease has been granted since LT(C)A 1995 came into force, both the landlord (L) and the grantee of the concurrent lease (T1) are able to enforce covenants against the occupational tenant (T). L retains its right to rent from T. However, in practice, L will be bound by the grant of the concurrent lease, so that rent will be demanded and received

It is assumed that Company A’s client is a company registered in England and Wales and was dissolved after obtaining a final charging order for a debt owed to it. In this scenario, the judgment and charging order would be an asset of the dissolved company. Bona vacantia When a company which is registered in England and Wales is dissolved while it still owns or has an interest in property, that property will be deemed bona vacantia (meaning 'ownerless property') at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The Government Legal Department (GLD) (which was called the Treasury Solicitor’s Department until 1 April 2015) is the government department in

A putative father of a child only obtains parental responsibility for that child if one of the criteria in the Children Act 1989 (ChA 1989) is satisfied. The most common of those criteria includes, inter alia: • the putative father was married to the mother at the time of the birth • he is registered as the child’s father on the child’s birth certificate pursuant to the Births and Deaths Registration Act 1953 • he and the mother make an agreement providing for him to have parental responsibility • the court, on his application, orders that he shall have parental responsibility for the child (note that a parental responsibility order must be made where a child arrangements order is made that the child lives with the father If none of those criteria apply, the putative father does not have parental responsibility, and therefore,