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A gift of land to a corporation is valid under section 38 of the Charities Act 1960 (now repealed). In addition, personal property to any amount may be bequeathed to a corporation (Fulwood's Case (1591) 4 Co Rep 64b—not reported by LexisNexis®). A bequest or devise may be made to a registered company, including a bequest of shares in the company (Re Castiglione's Will Trusts, Hunter v Mackenzie). It is no longer necessary for a company which is given shares in itself to have them vested in a nominee (unless they are partly paid shares). See Commentaries: Corporations: Williams
Q&As
Definitions of ‘data controller’ The definition of ‘controller’ under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) is similar to the definitions under Directive 95/46/EC, the Data Protection Directive. A comparison with the definition under the Data Protection Act 1998 (DPA 1998) is set out below: Data Protection Directive DPA 1998 GDPR Article 2(d) of Directive 95/46/EC:'controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for their nomination may be designated by national or Community law DPA 1998, s 1(1):‘data controller’ means, subject to subsection (4), a person
Q&As
Removal of a trustee is not a step to be taken lightly as, in principle, the office of trustee is lifelong. That being said, there are a number of ways in which a trustee may be removed, see Practice Note: Trustees—removal of trustees for more details. With this in mind, it is not common practice for a trustee to pursue their own removal by way of the courts. The normal procedure would be for the trustee to retire. Retirement of trustees A trust instrument may give a trustee an express, unilateral right to retire. However, there is a perception that such a clause provides encouragement for a less than conscientious trustee to take 'the easy way out'. The trust instrument may also provide for the automatic retirement of trustees on reaching a certain age. A trustee who wishes to retire has the right to do so under section 39 of the Trustee Act 1925 (TA 1925). However, the right can only be exercised
Q&As
The starting point is that unless the parties can agree the terms of the new lease, the court has a wide discretion as to what it can order. A distinction is drawn between the term of the new lease, the rent which is payable and the other terms. Sections 32–35 of the Landlord and Tenant Act 1954 (LTA 1954) set out the basis on which the court will determine the terms of the new lease as follows: • LTA 1954, s 32 deals with the premises comprised in the new tenancy • LTA 1954, s 33 deals with the duration of the new tenancy • LTA 1954, s 34 deals with rent under the new tenancy • LTA 1954, s 35 deals with other terms
Q&As
We have conducted a comprehensive search of our resources and have not found anything that would suggest that the payment of consideration affects the outcome of reverter. The Practice Note on Reverter states: 'The vast majority of gifts were made under the School Sites Acts, usually for the purpose of denominational schools (ie schools which taught one particular faith). The gifts were usually effected by way of conveyance to private trustees. Reverter remains important because much of the land originally gifted to Victorian private trusts has since come to vest in local education authorities and other public or similar bodies, who have assumed the functions of those trusts. Where those bodies subsequently wish to dispose of surplus land which is now suitable for redevelopment for housing or as part of a PPP/PFI project, the issue of reverter must be considered. Reverter is not triggered where the trustees of a school site are selling or exchanging that site to enable them to
Q&As
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is demonstrated by the delivery of possession by the tenant and acceptance by the landlord. In this event, the law gives effect to the intention of the parties as appearing from their acts, and cures the informality of the surrender (Cannan v Hartley (1850) 9 CB 634 (unavailable on Lexis®Library)). The unequivocal conduct of both parties is essential (Padwick Properties Ltd v Punj Lloyd Ltd). See Practice Note: Surrender by operation of law (implied surrender). If the landlord grants a new lease to
Q&As
The higher 3% rates of stamp duty land tax (SDLT) apply to a purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A–D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns a major interest in another dwelling which has a market value of
Q&As
The higher 3% rates of stamp duty land tax (SDLT) apply to a purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A–D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease
Q&As
Multiple dwellings relief (MDR) applies to certain transactions that involve an acquisition of at least two dwellings or an acquisition of one dwelling that is linked to an acquisition of another dwelling. When MDR applies, the total consideration for the dwellings is divided by the number of dwellings acquired to find the average price. The rate of SDLT is based on that average price instead of on the total consideration (subject to a minimum rate of 1%). If an individual purchaser acquires a major interest in two or more dwellings in one transaction the higher rates apply where at least two of the dwellings acquired satisfy the following conditions: • the chargeable consideration attributable to the dwelling is £40,000 or more (apportioned on a just and reasonable basis) (Condition A) • the purchased interest is not subject to a long lease (unless that lease has an unexpired term of 21 years or less) (Condition B), and • the dwelling
Q&As
The higher rates apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns an interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling, and • Condition D—the dwelling being purchased is not replacing the purchaser’s only or main residence (Schedule 4ZA, paragraph 3 of the Finance Act 2003 (FA 2003)) For the purposes
Q&As
The higher 3% rates apply to a purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more