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In this Q&A it has been assumed that the compulsory purchase order (CPO) is subject to the procedure in the Acquisition of Land Act 1981 (ALA 1981). A CPO can be made and confirmed even where it includes unregistered land in unknown ownership. ALA 1981 provides for cases where the owner of land included in the CPO cannot be found. For example, ALA 1981, s 6(1) requires that any notice or other document required to be served under ALA 1981 (which includes notices of making of the CPO) is served on the person to whom it is to be served by delivering it to them, or by leaving it at their proper address or by post
Q&As
As set out in the Practice Note: Companies limited by guarantee, in general, all of the same requirements for private companies limited by shares apply to private companies limited by guarantee, except for those requirements that only apply to companies with a share capital. The members of a company limited by guarantee do not have rights of ownership or to distribution of profits by way of dividend. However, they have an important constitutional role in making decisions about how the company is run. In the absence of any provisions in the articles which alter
Q&As
Directors’ duties Directors are the agents of a company who manage its day-to-day business and owe a number of duties to it. The Companies Act 2006 (CA 2006) codified for the first time certain common law and equitable duties that had been developed by the courts over hundreds of years and also modified company law in certain areas. CA 2006, ss 171–177 set out the statutory duties (the general duties) owed by a director to their company, including the duty to act in accordance with the company's constitution and only exercise powers for the purposes for which they are conferred (CA 2006, s 171). For further information on directors’ duties, see Practice Notes: • Directors' duties—nature, scope, interpretation and application • Directors' duties—directors' conduct: CA 2006, ss 171–174 • Directors' duties—directors' interests: CA 2006, ss 175–177 Breaching the articles Where
Q&As
A company is required by the Companies Act (CA 2006) to obtain the approval of its members by resolution in order to carry out certain actions, eg to change its articles of association or to alter its status by re-registering as a public or private company. CA 2006 prescribes the way in which members’ resolutions may be passed and the different types of members’ resolution that may be passed. The members of a private company can pass resolutions at a general meeting (including an annual general meeting (AGM)) of the company or by way of written resolution. The members of a public company can pass resolutions at a general meeting (including an AGM) of the company only. CA 2006 refers to two different types of members’ resolutions: ordinary resolutions and special resolutions. Prior to the coming into force on CA 2006, a third type of resolution was referred to by statute: extraordinary resolutions. Extraordinary resolutions are now a contractual concept only. Transitional provisions relating to CA 2006 continue
Q&As
Where the parents of a child do not agree on whether a child’s name should be changed, in the absence of a child arrangements order specifying with whom a child is to live, an application to change a child's surname should be made under section 8 of the Children Act 1989 (ChA 1989) for a specific issue order or a prohibited steps order. Pursuant to ChA 1989, s 1(1) the child's welfare is the paramount consideration in such applications. In ChA 1989, s 8 applications the welfare checklist at ChA 1989, s 1(3) is applicable. Where there is a child arrangements order regulating living arrangements in place, applications for change of surname should be made
Q&As
CPR 19.4(4) provides that: ‘Nobody may be added or substituted as a claimant unless— (a) he has given his consent in writing; and (b) that consent has been filed with the court.’ As you have identified, CPR PD 19A, paras 2.1–2.3 appear to indicate that it is only the actual claimant who can give consent in writing for the change or substitution to happen. CPR PD 19A, para 2.2 states that the order of the court ‘will not take effect until the signed, written consent of the new claimant is filed.’ Case law supports the conclusion that only the actual claimant can give consent in writing for the change or substitution to happen. In Chase Christopher Roberts—Solicitors
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Law360, London: A new UK pensions minister with a foot in two competing government departments could help create more coherent pensions reforms, although some analysts warn of a potential Treasury takeover of pensions policy to prioritise economic stimulus.
Q&As
The Immigration Rules, Appendix EU (Family Permit) confirms that a non-EEA citizen can obtain an EU Settlement Scheme family permit if they are the ‘family member’ of a ‘relevant EEA citizen’, where: • the relevant EEA citizen is resident in the UK or will be travelling to the UK within six months of the date of application, and • the applicant will be accompanying the relevant EEA citizen to the UK or joining them in the UK The definition of a ‘family member of a relevant EEA citizen’ includes at para (d) of Annex 1—Definitions, ‘the child or dependent parent of the spouse or civil partner of a relevant EEA citizen’. A ‘relevant EEA citizen’, as also defined in Annex 1—Definitions, includes an EEA citizen who has been granted pre-settled or settled status under the Immigration
Q&As
There are various statutory provisions and rules relating to the disclosure of documents relating to family proceedings to third parties, including the police. Section 12 of the Administration of Justice Act 1960 provides that the publication of information before a court sitting in private shall not itself be contempt of court save where the proceedings are brought under the Children Act 1989 or otherwise relate wholly or mainly to the maintenance or upbringing of a minor. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 12, and FPR 2010, PD 12G make provision for the communication
Q&As
Three different areas of law are relevant in this context: • terms and conditions: this is primarily a contractual issue based on the law of contract and in particular the rules on acceptance. See further Practice Notes: Standard terms and conditions—incorporation and Forming enforceable contracts—acceptance • privacy policy: the provision of certain information to data subjects in relation to the processing of personal data, and the need to have a lawful basis (such as consent or legitimate interests) for processing that data, is a requirement of the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 • email marketing consent: the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 prohibit the sending of unsolicited texts or emails to individuals without their consent, save in limited situations when marketing similar products or services to existing contacts who have not objected The
Q&As
Unlike in respect of company share option plans (CSOPs) (see: Employee Tax Advantaged Share Scheme User Manual (ETASSUM45130)), replacement options can be granted to existing option holders following a takeover of the original enterprise management incentives (EMI) company (whose shares were under option) in a manner which
Q&As
The original covenantee can always enforce an express covenant against the original covenantor under the doctrine of privity of contract, provided that the covenantee has not expressly assigned the benefit of the covenant to a third party. Accordingly, it is possible for a covenant to be enforced against the original covenantor even after the covenantor has disposed of his interest in the land concerned. Where the original covenantor remains potentially liable following a disposal of