A general partnership, also sometimes referred to as a ‘traditional’ partnership, is the most common form of partnership and is the type to which the provisions of the Partnership Act 1890 are primarily directed. The partners have unlimited liability for the debts of the partnership but can act severally, with their actions being binding upon the entirety of the partnership. As a rule, general partnerships do not have legal personality. They are conceptually similar to unincorporated associations in that assets and liabilities are held by the partners for the partnership, as it is not able to hold assets or

We have assumed that the donee association is not a charitable

Business asset disposal relief (BADR), which was previously known as entrepreneurs’ relief before the 2020–21 tax year, is a capital gains tax relief on qualifying business disposals by, typically, small and medium-sized business owners, whether they are shareholders in their personal

A testator can generally expect the terms of a gift made in their Will to be adhered to. In this instance the gift does not appear to be to an existing charity, but is a sum of money (it is assumed) to be expended on setting up a charity. Ignoring

After the presentation of a petition for an administration order and until an administration order is discharged, the company enjoys protection from its creditors during a moratorium. The moratorium is set out in Schedule B1, paragraph 43 of the Insolvency Act 1986, which provides that during the moratorium: • no resolution may be passed for the winding up of the company • no order may be made for the winding up of the company (with the exception of petitions presented on public interest grounds or by the Financial Services Authority) • no step may be taken (except in each case with the consent of the

A break notice is a contractual notice. Therefore, while some general principles may be drawn from case law, it is the terms of the lease which will govern the form and content of a break notice and the

The Consumer Rights Act 2015 (CRA 2015) updated and consolidated consumer protection legislation with effect from 1 October 2015. In the main, it affects consumer contracts for the supply of goods, services and digital content, and reforms the law on unfair terms in consumer contracts. It is thought that a guarantor of an assured shorthold tenancy (AST) is unlikely to constitute a consumer of goods, services or digital content. Therefore, if any protection is to be offered under CRA 2015, it will be under the provisions on unfair terms. CRA 2015, s 62 requires that the

In K/S Victoria Street v House of Fraser, the Court of Appeal confirmed that a tenant’s guarantor cannot agree to give, nor give, a guarantee for the tenant’s assignee other than by guaranteeing the tenant’s obligations under an authorised guarantee agreement. See our Practice Note: Liability following assignment — Guarantors—new tenancies, and the Court of Appeal judgment: … confirmed that a tenant’s guarantor cannot agree to give, nor give, a guarantee for the tenant’s assignee other than by guaranteeing the tenant’s obligations under an authorised guarantee agreement… Prior to this, an outgoing tenant’s guarantor was often required to

Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides that a tenancy is within LTA 1954 if the whole or a part of the demised premises is occupied by the tenant for the purposes of its business or for those and other purposes. The expression 'business' includes any trade, profession or employment. It also includes any activity carried on by a body of persons, whether corporate or unincorporated. By LTA 1954, s 23(4)—(Subject to an exception about home businesses): '...where the tenant is carrying on a business, in all or any part of the property comprised

This Q&A explains whether a headlease can be forfeited by re-entry due to the tenant being in rent arrears even though there is a subtenant who is in lawful occupation. The Q&A will further address the effect on that lawful subtenant. This Q&A concerns business tenancies only because a residential tenancy cannot lawfully be forfeited by peaceable re-entry whilst someone is lawfully residing in the premises: section 2 of the Protection from Eviction Act 1977. Forfeiture of a headlease by re-entry Where a headlease is forfeited by peaceable re-entry, the headlease comes to an end. When the headlease is determined, any derivative interests, including any subtenancies, are also brought to an end: Great Western Railway Company v Smith; Moore Properties (Ilford) Ltd v McKeon. Thus, the subtenancy will automatically be brought

What constitutes obstruction? The fundamental public right upon a highway is to pass and re-pass, and the obstruction of a highway is usually a criminal offence as well as a tort. Highway authorities are under a statutory duty to prevent, so far as possible, the stopping up or obstruction of highways in their areas. As mentioned above for the purposes of this question we have assumed that the right of way you are referring to is one that does not permit vehicular access and consideration will need to be given as to whether the object proposed inhibits the permitted usage of the right of way. See further Practice Note: Obstruction of highways. It discusses the obstruction of highways, and the duty of highway authorities under the Highways Act 1980 to prevent the obstruction of highways in their areas. What can a local

In the case of an old brickwork bridge over the railway, the ultimate responsibility for the structure of the bridge tends to fall on the railway company, as the freeholder of the bridge. However, if the damage is caused by traffic regulations allowing vehicles to damage the structure (too many heavy lorries, travelling too fast), then the responsibility will pass back to the highway authority. With a modern bridge, built as part of a modern road system, the bridge will typically be owned by the highway authority, who will have the duty to maintain it. This Q&A refers to ‘railway bridges’ which are a special category, due to the fact that most of them were constructed by the railway companies in the Victorian period, rather than by the county councils in the post-war era. This issue is discussed in Practice Note: Bridges and tunnels and