A person may make a claim for interest relief in a number of circumstances. One such circumstance is where a person takes out a loan to fund their acquisition of ordinary shares in a close company (the company). If certain conditions are met, relief can be claimed for interest payments on the loan. These conditions relate to: the status of the company; the nature of the loan; and the relationship between the borrower and the company.The final category (relationship between the borrower and the company) includes a requirement

There is no general definition in the CPR of a 'litigant in person' or in the Litigant in Person Handbook. Rights of audience are governed by Part 3 of the Legal Services Act 2007 (LSA 2007). A litigant in person,

The concepts of interested parties or interventions are most commonly found in judicial review proceedings (though intervenors are also common in financial remedy proceedings where a third party’s rights may be affected). In the context of judicial review, ‘interested party’ means any person other than the claimant and defendant who is directly affected by the claim (CPR 54.1(2)(f)), and by CPR 54.7 the claimant must serve the claim form on any person considered to be an interested party. Interested parties can file an acknowledgement

Can a person lacking capacity avail of a deferred payment agreement (DPA) pursuant to section 69(2) of the Care Act 2014 (CA 2014)? CA 2014, ss 34 and 35 and the Deferred Payment Regulations 2014, SI 2014/2671 provide an absolute entitlement to a deferred payment agreement. This applies when a person in a care home who, apart from their former home, does not have assets above the financial limit and is able to grant a first legal charge over a property with sufficient equity to secure the debt. The local authority (LA) also has a discretion to enter into a deferred payment agreement in other circumstances where the person is able to offer adequate security for the debt. Deferred payment agreements are also intended to

Neither the Companies Act 2006 (CA 2006) nor the Model articles—private limited company—after 28 April 2013 (Model Articles) contain any specific provisions about how a director may resign. Accordingly, where a company has adopted the Model Articles, a person should be able to give the company verbal notice of his or her resignation as a director at

It has been assumed for the purposes of this Q&A that the company in question is a non-specified limited company, however, this Q&A does not constitute advice as to whether that is the case. For further information on specified limited companies, see: • Practice Note: Minimum income threshold: Categories F and G—self-employment and directors and employees of specified limited companies • IDI Chapter 8: Appendix FM (Family Members), Section FM 1.7 Financial Requirement The Q&A asks whether a director who receives a salary from a ‘non-specified’ company, for the purposes of the Rules, can count this as income for the purposes of meeting the Minimum Income Requirement (MIR) under Appendix FM of the Immigration Rules (the Rules). The evidential requirements for those seeking to meet the

In order bring a partner to the UK, a sponsor must meet the minimum income requirement (MIR). In certain circumstances, for couples who have met (or have been living) abroad, it is possible to rely on salaried income earned via an overseas employer to meet the MIR. Those circumstances are set out in the Immigration Rules, Appendix FM 1.7: Financial Requirement guidance document. Category A does make provision for couples returning to the UK from overseas where the sponsor is seeking to rely on overseas employment income. However, in order for income

This Q&A assumes that the circumstances are not such that a Zambrano right of residence applies. For further information on this, see Practice Note: Applying to confirm a Zambrano right of residence [Archived]. An application for entry clearance as the parent of a British child is governed by paragraph EC-PT.1.1 of Appendix FM of the Immigration Rules. Immigration Rules, Appendix FM, para EC-PT.1.1 includes various requirements which need to be met including certain relationship requirements listed in Immigration Rules, Appendix FM, paras E-ECPT.2.1–E-ECPT.2.4. The parent must be 18 years or over and, under Immigration Rules, Appendix FM, para E-ECPT.2.2 the child must be under 18, living in the UK and a British citizen or settled in the UK. Immigration Rules, Appendix FM, para E-ECPT.2.3 states as follows: ‘E-ECPT.2.3. Either - (a) the applicant must have sole parental responsibility

Prior to the compulsory registration of a transfer of a qualifying estate by assent (Land Registration Act 2002, s 4(1)(a)(ii)) (LRA 2002), an assent vested the interest in the assentee from the date of the deceased’s death. Now, an assent takes effect from the date of its registration at the Land Registry (LRA 2002, ss 4(1)(a)(ii), 27(1),58(1)). For further information, see Practice Note: Death of a proprietor of land—probate and assents of interests in land. Therefore, the assent must be completed by registration at the Land Registry

A person applying under Appendix FM as a partner in-country must meet immigration status requirements. These are set out in the Immigration Rules, Appendix FM, paras E-LTRP.2.1–E-LTRP.2.2. These state: ‘E-LTRP.2.1. The applicant must not be in the UK- (a) as a visitor; or (b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or

Please note this Q&A provides information relevant to the Criminal Injuries Compensation Scheme 2012 (see here) which applies to all applications lodged on or after 27 November 2012. Under the 2012 scheme: 'A person may be eligible for an award under this Scheme if they sustain a criminal injury which is directly attributable to their being a direct victim of a crime of violence committed in a relevant place.' A relevant place for the purposes of the scheme is anywhere within Great Britain. Criminal injury A criminal injury is defined as one or more personal injuries sustained in Great Britain and directly attributable to one of the following qualifying events: • a crime of violence (eg arson or an act of poisoning) • the apprehension or attempted apprehension of an offender or a suspected offender, the prevention or attempted prevention of an offence, or the giving of help

Yes, but that person should not put themselves in a position where their duty to act in the best interests of the beneficiaries of the pension scheme conflicts with the duties that they owe to the company. For example, they may be subject to a conflict of interest when negotiating on funding, setting the employer contribution rate, considering a proposal to change the scheme's benefit structure, or carrying out a review of the employer covenant. If the person makes decisions as a trustee while subject to a conflict of interest that has not been appropriately managed, there is a risk that those decisions may be challenged by pension scheme members or overturned by the courts.