On dissolution of a company, all freehold and leasehold property, together with all rights vested in, or held on trust for, the company immediately before dissolution are deemed to be bona vacantia and vest in the Crown (or in the Duchy of Lancaster or Duke of Cornwall as appropriate). This includes leasehold property, but not property held by the company on trust for any other person. The Crown is not obliged to deal with property vested in it as bona vacantia in any particular way. It has power

See Practice Note: What happens to an underlease on termination of the lease? which covers consensual termination, surrender and grant of a new lease, exercise of a break, issues for the tenant, security of tenure, forfeiture and relief from forfeiture. The general common law principle is, when a lease comes to an end any underlease/sub-lease automatically terminates. Statute intervenes on surrender of a lease. It is a consensual termination and the tenant's interest is deemed to pass to the landlord subject to the rights of the undertenant under section 139 of the Law of Property Act 1925 (LPA 1925). The effect of a merger is the same. Under

There is neither privity of contract nor privity of estate between the head landlord and the undertenant, and so the undertenant is not personally liable for the covenants contained in the head lease. If, however, the head lease contains a proviso for re-entry on breach of covenant, the undertenant is liable to

This Q&A refers to a generic supply of goods agreement, in relation to which no specific industry or sector regulations apply. We are not aware of any statutory or other legal obligation requiring a supplier to

This Q&A assumes that the query refers to a UK based manufacturer and distributor appointed in respect of UK territories. Any agreement which affects trade or restricts competition in the UK may be subject to the prohibition on anti-competitive agreements under the provisions of Chapter I of the Competition Act 1998 (CA 1998). However, an agreement will not be prohibited if it: • can be explicitly justified on efficiency grounds (under CA 1998, s 9), or • benefits from a relevant block exemption With effect from 1 June 2022, the relevant block exemption providing a ‘safe harbour’ in the UK is the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (UK VABEO), SI 2022/516. The UK VABEO is supplemented by CMA guidance. The existence of any of the hardcore restrictions set out in

We have assumed that these are business-to-business standard terms and conditions. There is a general principle of freedom to contract. Unlike consumers, a business customer is not given statutory protection against the imposition of a term allowing unilateral variation of the contract. However, section 3 of the Unfair Contract Terms Act 1977 (UCTA 1977) applies to a business-to-business transaction when one party deals on the other’s written standard terms of business (default terms used as the basis of the majority of the party’s business contracts). Under this provision, the supplier cannot use the variation ‘to render a contractual performance substantially different from that required of them’, unless the contract term satisfies the requirement of reasonableness. The requirement of reasonableness is that it

The short answer is yes, if the scheme rules give the trustees the power to make the transfer. The proviso is important; the trustees will need to be satisfied that the transfer is within the scope of their power and that the power is being used for its proper purpose. In Hillsdown Holdings plc v The Pensions Ombudsman there was a transfer of assets and liabilities from a scheme which did not allow a return of surplus to the employer to one which

Section 142 of the Inheritance Tax Act 1984 (alteration of dispositions taking effect on death) is sufficiently wide to enable a joint tenancy to be severed for inheritance tax purposes by means of a deed of variation (emphasis added): ‘142 Alteration of dispositions taking effect on death (1) Where within the period of two years after a person’s death— (a) any of the dispositions (whether effected by will, under the law relating to intestacy or otherwise) of the

We assume this Q&A is referring to the offence of driving with no insurance contrary to section 143 of the Road Traffic Act 1988 (RTA 1988) and driving a motor vehicle on the road while disqualified created by RTA 1988, s 103. The Serious Organised Crime and Police Act 2005, which

In answering this question it will be relevant to consider: • whether the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations 2003) apply • whether a provision preventing a worker from working directly for a client of an employment business is void as a restraint of trade Conduct Regulations 2003 The Conduct Regulations 2003 govern the conduct of the private recruitment industry, and set minimum standards for employment agencies and employment businesses operating from premises in Great Britain (ie England, Wales and Scotland). They apply where an employment agency or an employment business provides work-finding services to a work-seeker. A recruitment business may be either or both of: • an ‘employment agency’, ie a business such as a recruitment consultancy which introduces work-seekers to employers; once taken on, the work-seeker becomes an employee of the company to whom they were introduced (this is usually known as 'permanent recruitment'), or • an ‘employment business’,

A temporary stop notice is regulated by sections 171E–171H of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s 171E(7)(c) expressly provides that a temporary stop notice ceases to have effect if withdrawn by the local

There is no reason why a tenancy cannot be granted for life. However, a lease for life or lives or for any term of years