The Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure confirms that, under the relevant sponsor guidance Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence a business that wants to obtain a sponsor licence must pay a fee. The fee for a sponsor licence depends on the type of licence you are applying for and the size or status of your organisation. You are eligible to pay the ‘small’ fee if you ‘[..] are subject to the small companies regime as set out in sections 381 to 384 of the Companies Act 2006 (CA 2006). The Practice Note goes on to confirm that the basic definition of a small company for these purposes is in CA 2006, s 382. That is, it must meet at least two of

It is assumed that the company in question is a private company limited by shares governed by the law of England and Wales. Article 21(1) of the Model articles—private limited company (Companies (Model Articles) Regulations 2008, SI 2008/3229, Schedule 1— model articles for private companies limited by shares) provides that ‘No share is to be issued for less than the aggregate of its nominal value and any premium to be paid to the company in consideration for its issue’ (other than the subscriber shares). Failure to ensure that issued shares were fully paid up will not inherently make the issue void but will arise within the context of the board of directors failing to carry out their functions or otherwise exercise their powers appropriately. The first of the directors’

Section 29 of the Caravan Sites and Control of Development Act 1960 defines ‘caravan’ as ‘any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported

Caravans in planning law form part of a use of land and are not considered operational development like buildings (see Wealden District Council v Secretary of State for the Environment) nor are caravans treated as buildings in the National Planning Policy Framework (see Lloyd v Secretary of State for Communities and Local Government). The Court of Appeal in the Lloyd case was especially adamant that mobile homes (and caravans)

Section 6(1) of the Equality Act 2010 (EqA 2010) provides that a person has a disability if they have a physical or mental impairment and that impairment has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. This is a deliberately wide test which will take into account the individual circumstances of a given case, though the Equality Act 2010 (Disability) Regulations 2010, SI 2010/2128, exclude certain conditions which are deemed not to be impairments, including seasonal allergic rhinitis. It is established that an allergy can amount to a disability. In the case of Wheeldon v Marstons plc ET/1313364/2012 (not reported by LexisNexis®) (a first instance decision at

A chose in action is something which is recoverable by legal action as opposed to something which is physically possessed. Choses in action are also described as intangible assets (as opposed to tangible assets such as goods or land). The main choses in action are: • debts • shares and securities (financial instruments) • receivables • cash in bank accounts • other rights under contracts (including, for example, insurance contracts), and • intellectual property If a company has the benefit of a chose in action but does not assign it prior to its dissolution,

It is common at the outset of transactions, such as the sale and purchase of a private company, for the parties to agree that they shall exclusively negotiate with each other, to the exclusion of others, for a certain period of time. In a private M&A transaction, the parties generally set out such an 'exclusivity' arrangement either in the heads of terms or in a separate exclusivity agreement. It is in the buyer's interests to negotiate an exclusivity provision, so as to prevent the seller from negotiating with, or soliciting competing offers from, other interested parties. It is established principle, following the case of Walford v Miles, that the enforceability of an 'exclusivity' arrangement will depend on whether it is worded as a 'lock-in' or 'lock-out' arrangement: • a lock-in clause seeks to commit a party to complete the transaction (the buyer in private M&A deals) and is considered to be uncertain and unenforceable • a

Section 113 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (HGCRA 1996) provides, inter alia, as follows: ‘113.—Prohibition of conditional payment provisions. (1) A provision making payment under a construction contract conditional on the payer receiving payment from a third person is ineffective, unless that third person, or any other person payment by whom is under the contract (directly or indirectly) a condition of payment by that third person, is insolvent.’ It is assumed that the insolvency provisions are not relevant for present purposes and that the relevant clause is contained within a construction contract as defined

This Q&A assumes that the tenancy is a residential tenancy to which the Tenant Fees Act 2019 (TFA 2019) applies. The Tenant Fees Act 2019 TFA 2019, s 1(1) provides that a landlord cannot require a ‘relevant person’ to make a ‘prohibited payment’ to the landlord in connection with a tenancy of housing in England: ‘A landlord must not require a relevant person to make a prohibited payment to the landlord in connection with a tenancy of housing in England.’ TFA 2019, s 1(2) makes similar provision preventing a landlord from requiring a relevant person to make a prohibited payment to a third party: ‘A landlord must not require a relevant person to make a prohibited payment to a third party in connection with a tenancy of housing in England.’ TFA 2019, s

We direct you to the definition of personal chattels in section 55(1) of the Administration of Estates Act 1925 (AEA 1925). The original wording (ie pre Inheritance and Trustees’ Powers Act 2014 (ITPA 2014)) of the section defined ‘chattels’ as: ‘…carriages, horses, stable furniture and effects (not used for business purposes), motor cars and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but

‘Development’ is defined in section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990), as: • the carrying out of building, engineering, mining or other operations in, on, over or under land, or • the making of any material change in the use of any buildings or other land TCPA 1990, s 55(1) expressly states that building operations constitute development and TCPA 1990, s 55(1A) defines building operations as including: • demolition of buildings • rebuilding • structural alterations of or additions to building • other operations normally undertaken by a person carrying on business as a builder The definition of building operations in TCPA 1990, s 55(1A) is inclusive. It is not intended to be an exhaustive definition of ‘building operations’. Whether or not a collapsible pergola would be deemed to be development is therefore likely to depend on whether it's

Is it a regulated activity for the purposes of the Financial Services and Markets Act 2000? The activity of ‘advising on investments’ is set out in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001), SI 2001/544, art 53(1). It includes advice on exercising, or not exercising, any right conferred by investments (including pre-emption rights) to buy, sell, subscribe for, exchange or redeem other investments. For more information about the activity of advising on investments, see Practice Note: Advising on basic stakeholder products, investments, pension transfers and loan-based crowdfunding agreements. Advice will only fall within RAO 2001, SI 2001/544, art 53(1) if it is carried on ‘by way of business’. A company