In answering this question, the legal effect of the Heads of Terms (HoTs) depends upon the interpretation of the document as it stands: Pretoria Energy Company (Chittering) Limited v Blankney Estates Ltd. Therefore, the HoTs' effect is subject to each case's facts and requires individual consideration. Nevertheless, relevant considerations are, inter alia, as follows: • HoTs labelled ‘subject to contract’, or where it is stipulated that a formal contract would be drawn up, is generally indicative that the HoTs are not legally binding: Winn v Bull • HoTs referring to a lease being granted outside of the scope of the Landlord and Tenant Act 1954 (LTA 1954) will also be indicative that there was no intention for

Table 4 of Immigration Rules, Appendix Skilled Occupations sets out Going rates for listed education occupation codes by administration and role, says this: ‘Going rates in Table 4 are per year and based

In principle, a landowner can be liable in private nuisance for things which occur naturally on the land and cause damage to a neighbour: Leakey v National Trust for Places of Historic

Where it is not possible to comply with the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) or the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (EL/PL Protocol) before the expiry of the limitation period, the claimant should: • start proceedings under CPR PD 8B • apply for a stay to comply with the protocol (see para 5.7 of the RTA or EL/PL Protocol) For further guidance, see Practice Notes: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents and The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability

Interest generally Where a sum of money is due from one party to another, whether interest is payable on repayment of the capital—and at what rate—will depend on the terms of the agreement pursuant to which the debt arose. You should be aware, however, that there are certain scenarios where statutory interest may apply, for example, under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) (which allows businesses (and organisations in the public sector) to claim statutory interest for late payment of commercial debts). See Practice Note: Late Payment of Commercial Debts (Interest) Act 1998. This may not apply, however, if the debt is one which has arisen between two private individuals. Claiming interest in pursuing a claim to recover the debt If Party B intends to bring proceedings to recover the debt then it can seek

In this Q&A we have limited our research to cover issuing separate claims arising out of the same relationship. We refer to a claimant who is a private individual. CPR 7.3 states: ‘7.3 Right to use one claim form to start two or more claims A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.’ Whilst this shows you ‘may’ bring a claim, it falls short of saying you ‘must’. Nevertheless, there are other considerations which should be considered such as res judicata and Henderson abuse. Henderson v Henderson established the principle that prevents parties from opening the same subject of litigation that they could have advanced in earlier proceedings but was omitted due to negligence, inadvertence or accident. Defendants

With the exception of contractual set-off, the key features of set-off are: • both claims must be for the non-payment of money, and • there must be mutuality of debts For more information, see Practice Note: What is set-off and when is it available? You may also wish to consider Commentary: Scope and significance of set-off: Halsbury's Laws of England (Volume 11) [382] which may be useful for your purposes. In relation to set-off as between judgments (and, as seen below, this would include an order for costs), an application may be made under section 72 of the County Courts Act 1984 (CCA 1984), which provides: ‘1) Where one person has obtained a judgment or order in [the county court] against another person, and that other person has obtained a judgment or order

The section 218(2) of the Employment Rights Act 1996 (ERA 1996) provides that, on the transfer of a trade, business or undertaking: • an employee’s period of employment in the trade, business or undertaking at the time of the transfer counts as a period of employment with the transferee, and • the transfer does not break the continuity of the period of employment This provision is separate from the provisions set out in the Transfer of Undertakings (Protection of Employment) Regulations 2006

The Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019/855, made under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018), create a UK sanctions regime in relation to Russia (the Russia sanctions regime). The Russia sanctions regime imposes sanctions measures on those identified as being involved in destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. See Practice Note: Sanctions regime—Russia. The Russia sanctions regime imposes various sanctions measures including financial, immigration, trade and transport sanctions which prohibit specified activities with persons and organisations designated under that sanctions regime. Under the Russia sanctions regime, it is an offence to intentionally participate in activities that circumvent the prohibitions or that enable or facilitate the contraventions of those prohibitions. See Practice Note: Financial sanctions—offences. When a person (an

A transfer of value to qualifying charities is exempt regardless of its value or how it is made—as an outright gift, into a fixed interest trust, or by Will. The exemption applies

Many contracts will include an express provision giving one or both parties the right to terminate where the other party is in material breach. An election to terminate a contract for breach (or repudiation) discharges the parties from the obligation to perform (or to be ready and willing to perform) their respective contractual duties (Heyman v Darwins Ltd at 367). Lord Porter explained in Heyman: ‘the fuller expression that the injured party is thereby absolved from future performance of his obligations under the contract is

It is fairly common that where a business is sold, the contract will provide for deferred consideration which is calculated in accordance with a profitability formula. This ensures that while the seller receives a lump sum as part of the purchase price, the remainder of the purchase price is conditional on the performance of the business, thus protecting the seller or the buyer depending on where the risk has been agreed to fall. It is also a useful protection against the seller setting up in competition and attracting away existing clients as the seller has a financial interest in the business remaining profitable, at least for the