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Q&As
Australia remains part of the commonwealth (see here). We refer you to Before whom sworn out of England and Wales: Tristram and Coote's Probate Practice [22.35], which states, in relation to commonwealth
Q&As
We refer you to the below content which you may find useful: • The executor's oath (witness statement of application): Tristram and Coote's Probate
Q&As
Since the coming into force of the Social Security (Recovery of Benefits) Act 1997 (SS(RB)A 1997), a defendant to an injury claim must pay back to the CRU any benefits which a claimant received after the accident as a result of it, subject to a ‘long stop’ period of five years from the date of the accident (per SS(RB)A 1997, s 3). No
Q&As
Clarification of a CPR 36 offer It is essential that an offeree understands the offer made and therefore if it is unclear or ambiguous, CPR 36.8(1) provides that the ‘offeree may, within seven days of a Part 36 offer being made, request the offeror to clarify the offer’. The Court of Appeal have indicated that the rule does not allow an offeree to request a breakdown of a global offer or justification for an offer (Factortame Ltd v Secretary of State for the Environment, Transport and the Regions). If the clarification sought is not provided within seven days of the request the offeree may, unless the trial has started, apply to the court for an order requiring the offeror to respond (CPR 36.8(2)). Timing There is nothing in the rules dealing with requests
Q&As
For information on the office-holder’s powers of investigation and evidence gathering, see Practice Notes: Basic principles—the delivery-up of information and property to the insolvency office-holder and Evidence gathering—the preservation of information by an insolvency office-holder. Section 246ZD of the Insolvency Act 1986 (IA 1986) was introduced by the Small Business Enterprise and Employment Act 2015 in October 2015. It introduced the power to assign to third parties certain rights of action that previously could only be pursued by an office-holder. By treating such claims as assets in the insolvency
Q&As
The right not to be unfairly dismissed is only available to an ‘employee’. For these purposes, ‘employee’ is defined as an individual who has entered into or works under a contract of employment, ie a contract of service or apprenticeship, whether express or implied and whether oral or in writing. For further information, see Practice Notes: • Entitlement to claim unfair dismissal, and • Employee status The employment tribunal has jurisdiction to consider
Q&As
It is useful to consider Practice Note: Business-to-consumer digital commerce—compliance and regulation. This Q&A sets out some of the key legal issues to consider when designing and developing an E-commerce website. It is a Q&A which highlights the principal issues under UK law applicable to nearly every website, focusing on the requirements relating to the business information that needs to be displayed, online contract formation, information about goods/services, legal statements, accessibility, intellectual property and privacy. Obligations of an online retailer The Consumer Rights Act 2015 (CRA 2015) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) have regulated distance selling of goods and services to consumers within the UK from 1 October 2015 and 13 June 2014 respectively. The CCR 2013 apply to contracts for goods, services and digital content that are made by means of distance communication (and also to doorstep contracts and on-premises contracts).
Q&As
For enterprise management incentives (EMI) options exercised before 6 April 2023, there was a statutory requirement for the option holder to sign a declaration confirming that they met the EMI working-time requirement, and that a copy of it be provided to the option holder within seven days of them signing it. However, since 6 April 2023 these requirements no longer apply.In Employment Related Securities Bulletin 31 (March 2019) (Archived), HMRC had stated that the declaration of working time by the employee in this context was a statement
Q&As
Company share option plan (CSOP) legislation dictates that the exercise price of the options must be: • stated at the time of grant, and • not manifestly less than the market value (ignoring any restrictions) of shares of the same class at that time or an earlier time agreed by an officer of HMRC Requiring option-holders, at
Q&As
The legislation governing enterprise management incentives (EMI) schemes does not require that an exercise price must be payable in relation to an EMI option (although it should be noted that income tax will be payable on the exercise of a qualifying EMI option to the extent that there is no exercise price payable, or the exercise price is otherwise less than the actual market value of a share on the grant date of the option). However, when granting an EMI option with a nil cost exercise price, the arrangement must be structured with care as the legislation governing EMI schemes requires that, at the time that the option is granted, the option must confer a right to acquire shares that are fully paid up. The EMI legislation also stipulates
Q&As
A farm business tenancy is any tenancy of agricultural land that is governed by the Agricultural Tenancies Act 1995 (ATA 1995). For the conditions to be complied with in order for a farm business tenancy to exist, see Practice Note: Identifying a farm business tenancy. ATA 1995 applies only to tenancies (ie it does not apply
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Legislation By section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), any person who is a trustee of land or has an interest in property subject to a trust of land can make an application to the court for an order under TOLATA 1996, s 14. On any such application, pursuant to TOLATA 1996, s 14(2), the court has a discretion to make any such order: • relating to the exercise by the trustees of any of their functions, or • declaring the nature or extent of a person’s interest in property subject to the trust By