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A charging order has the same effect and is enforceable as an equitable charge on land (section 3(4) of the Charging Orders Act 1979 (COA 1979)). Questions arise therefore as to the means by which that interest can be protected as against the debtor, establishing whether it is protected as against third parties and the manner by which it can be enforced. The COA 1979 as amended makes clear that the Land Registration Act 2002 (LRA 2002) applies to charging orders as it applies to other orders or writs issues for the purpose of enforcing judgments. A charging order over a legal estate may be protected by way of notice. Once registered, it will have priority over any registrable disposition of the estate made for valuable consideration. Where, however the charging order is over a beneficial interest in registered land held on trust (which will be the case where the debtor
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The government provides useful guidance on selling goods online and overseas; see Online and distance selling for businesses. The Consumer Rights Act 2015 does apply to goods bought online. A business based in the UK with an online presence for the purpose of allowing consumers to enter contracts, such as for the purchase of goods, retains the traditional legal considerations of the sale and supply of goods and services as well as attracting additional considerations. When selling online to consumers, the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, SI 2013/3134 apply. The Consumer Contracts Regulations provide that the information listed in Schedule 2 must be provided in a clear and comprehensible way and in a way appropriate
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This Q&A assumes that this response does not take into account HMRC’s investment funds manual or tax related definitions of units in collective investment schemes (CIS). The operator in relation to a recognised scheme, means the legal entity with overall responsibility for the management and performance of the functions of the ‘scheme’. The ‘scheme’ is the umbrella fund and sub-funds are considered as parts of the umbrella fund. The basis for this is set out below. Section 282C of the Financial Services and Markets Act 2000 (FSMA 2000), (as introduced by section 25(5) of the Financial Services Act 2021 makes it clear that a section 272 application applies in relation to ‘a part of
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We are not aware of any authority on this specific point. It will be necessary to consider both who the privilege belongs to and whether there has been an event which has caused a waiver of that privilege. See Practice Note: Privilege—general principles and in particular, the section titled ‘Who does privilege belong to?’. This states that privilege belongs to the client, and not to his legal adviser or agent. Further, it is only the client who can assert privilege ie it is not possible for a lawyer or agent to assert his client’s privilege unless acting on that client’s behalf. Similarly, it is not possible for a lawyer or agent to invoke privilege if the client has waived it (see R v Peterborough Justice, ex p Hicks). The issue of 'ownership' of privilege is particularly pertinent in the context
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1 Legacy of House I bequeath to [insert full name], residing at [insert full address], my interest in my house at [insert main residence address], or in any replacement thereof as
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1 Legacy to Charity I bequeath a legacy of ten per cent of the baseline amount of my estate as defined
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1 Revocation I revoke all prior testamentary writings
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1 Nil Rate Band Discretionary Trust If my [insert spouse details] survives me, I direct my trustees to hold either: 1.1 (One) the largest sum (or assets to the maximum value) such that no inheritance tax (or similar statutory successor) will be payable as a result of my death, as to all of which my trustees shall be the sole judges; or 1.2 (Two) such lesser amount of assets and/or cash which my trustees in their sole discretion shall determine, (hereinafter referred to as the ‘Discretionary Trust Fund’) for such one or more of: 1.2.1 my [insert
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1 Pecuniary Legacies I bequeath the following pecuniary legacies, namely: 1.1 to [insert full name],
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1 Specific Legacies I bequeath the following specific legacies, namely: 1.1 to [insert
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I direct my digital executor to [memorialise OR terminate] my digital account with [provider] [
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I give free of tax to [insert name of donee] of [insert address of