Under section 179 of the Finance Act 2004 (FA 2004), a loan made to a sponsoring employer by a Small self-administered schemes (SSAS) is considered an authorised employer loan if it is secured by a charge of adequate value, among other conditions. The charge must meet certain criteria, including that the market value of the assets subject to the charge is at least equal to the amount owing (including interest) at the time the charge is given, and that the charge takes priority over any other charge over the assets (see PTM123200 and Eden Consulting Services (Richmond)

Open space land is, broadly, land laid out as a public garden, or used for the purposes of public recreation, or land which is disused burial ground (section 336 of the Town and Country Planning Act 1990), though there is a broader definition in section 20 of the Open Spaces Act 1906 (OSA 1906). There, the expression 'open space' means any land, whether inclosed [sic] or not, on which there are no buildings or of which not more than one-twentieth part is covered with buildings, and the whole or the remainder of which is laid out as a garden or is used for purposes of recreation, or

Perpetual licence Many people assume that the term ‘perpetual’ would be given its natural meaning of never ending when used in a contract. However in the relatively recent case of BMS Computer Solutions v AB Agri, it was held that the word 'perpetual' in a software licence can have different meanings depending on the circumstances. It could mean: • never ending, ie incapable of being bought to an end, or • operating without a specific limit of time (ie of indefinite duration) until either party exercised their rights set out in the contract to terminate the agreement In BMS, when considering the meaning of the word ‘perpetual’ in a given context, the court held that in that particular circumstance: ‘… it can mean

Case study The tenant of an Agricultural Holdings Act 1986 (AHA 1986) tenancy died in 1995 and there was no formal succession of the tenancy on death, nor has the landlord served a case G notice. The tenant’s nephew pays rent and continues to farm the holding. The landlord is offering the nephew a fixed term farm business tenancy. The nephew wishes to succeed to the original AHA 1986 tenancy. In order for an individual to benefit from the succession of a tenancy pursuant to AHA 1986, Pt IV, the individual intending to apply for the succession of the AHA tenancy must satisfy the court that the applicant complies with the following conditions: • he is eligible to be granted a new tenancy (see AHA 1986, ss 35–36); • he is suitable (see AHA 1986, s 39(2) and (8)); • that consent to the operation of the landlord's notice to quit, if

As the question indicates that the divorce application has reached the stage at which the applicant is able to apply for a conditional order, it is assumed that the application has been served. In this event, it is not possible to withdraw the application simply by giving notice in writing under Family Procedure Rules 2010 (FPR 2010) SI 2020/2955, r 7.6. [It should be noted that FPR 2010, SI 2010/2955, 29.4 relates to interlocutory applications within proceedings and is not therefore relevant to the situation under consideration.] Because of this, in a technical sense, the application cannot be withdrawn; but the word is often wrongly used

See Practice Note: EPAs—revocation and disclaimer which looks at the ways in which an enduring power of attorney (EPA) can be brought to an end before registration. The three forms of revocation (automatic revocation, revocation by the donor and revocation by the court) are explained as are the procedures involved. Disclaimer by the attorney is also discussed. Unlike their position under an ordinary power of attorney, an attorney has no unrestricted right to disclaim their appointment under an EPA. In order to validate that disclaimer the attorney must give notice of it to the donor and, in certain

Whittaker v Hancock made it clear that an attorney who is responsible for the property and affairs of the donor under a registered Lasting Power of Attorney (LPA) can apply to be appointed as a substitute personal representative (PR) to act in place of the donor under section 50 of the Administration of Justice Act 1985. See News Analysis: Court takes broad approach to its power to substitute personal representatives (Whittaker v Hancock and others). Alternatively, the Non-Contentious Probate Rules 1987, SI 1987/2024, r 35 may be used. For further guidance on both of these approaches, see: • Q&As: ◦ If the sole administrator of a Will (who is set to receive all

The general position regarding an incapacitated sole executor prior to the issue of the grant is dealt with in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 35. Under NCPR 1987, SI 1987/2024, the usual practice is for the district judge or registrar to make a grant of representation for the use and benefit of the sole executor until further representation be granted or in such other way as the district judge or registrar may direct. The grant may be made to the lawful attorney of the person lacking mental capacity acting under a registered enduring power of attorney or lasting power of attorney (LPA). See: NCPR 1987, SI 1987/2024, r 31. The LPA must

In answering this Q&A, we have assumed that the charge referred to is an agricultural charge granted pursuant to the Agricultural Credits Act 1928 (ACA 1928).. Agricultural charges The ACA 1928 allows a farmer to grant a charge (described in the ACA 1928 as an ‘agricultural charge’) over all his farming stock and other agricultural assets. For further information, see Lexis+® UK Property Practice Note: Agricultural charges under the Agricultural Credits Act 1928. ACA 1928, s 5(7) limits the definition of a ‘farmer’ to: 'any person (not being an incorporated company or society) who, as tenant or owner of an agricultural holding, cultivates the holding for profit; and “agriculture” and “cultivation” shall

Executors On the death of a lessee, their interest in the demised premises, whether for a term of years or periodic, vests in their personal representative under section 1 of the Administration of Estates Act 1925. This is so notwithstanding that the lessee has bequeathed the interest in their Will, as a legatee will not obtain the legal estate until the representative has by an assent in writing so vested it in them. For further guidance, see Commentary: Vesting of lessee's interest in personal representatives: Hill and Redman's Law of Landlord and Tenant [1306]. See also Practice Note: Personal representatives—powers, duties and remuneration, in particular section ‘Power to sell, mortgage or lease’. Competent landlord It then needs to be ascertained whether or not the executor of

The starting point when deliberating how and the extent to which one should seek to limit liability is to identify the risks that are posed the transaction in question. Questions which should be considered may include: • what could go wrong? • how much the problem may cost to resolve? • what is the likelihood of the problem occurring? • to what extent is this risk acceptable? Although the traditional way of limiting liability would be to include appropriate contractual wording, other potential solutions should also be considered. For example: • quality control—conduct appropriate research, analysis and investigation of the goods being sold • notices and disclaimers—use notices and disclaimers on products and in marketing material to reduce the risk of liability • marketing and advertising—review any marketing and advertising material to ensure that it does not make any unsupported claims about the vehicle • insurance—consider to what

We refer you to the following Q&A, which deals with a very similar question: Where a firm is requested by an executor to hand over files relating to their testator, do they have to comply where those files contain advice and what would ordinarily be privileged information? The key points relevant to your question are as follows: • the SRA standards and regulations provide at paragraph 6.3 that 'You keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents' • when the client dies, the