The trustees' powers of investment and specifically their power to loan trust funds to third parties will be governed by the terms of the trust deed or other governing document and statute. We refer you to the following content which you might

For the purpose of this Q&A we have assumed that in setting up or authorising the setting up of a personal injury trust, the claimant wished to protect the fund, made up of the proceeds of the award, from consideration as part of their estate, in connection with future entitlement to means tested state benefits. An injured claimant who has received agreed damages or a court award, whether by way of interim payment or final compensation, may enter into a special needs trust (more commonly known as a personal injury trust and one example of which is a bare trust) to protect their future entitlement to means tested state benefits and, less commonly, to protect the proceeds of the personal injury compensation claim from being taken into account in the assessment of capital in connection with local authority provision of residential care. By the Income Support (General) Regulations 1987, SI 1987/1967,

Documents executed as deeds must be expressed as being executed by the company. A document will be deemed to be executed as a deed if it is duly executed by the company and delivered as a deed. A company may appoint a person to act as its attorney to execute deeds or documents on its behalf. An individual or a corporate entity having a legal personality separate from its members, such as a company or a limited liability partnership, is capable of acting as an attorney. A

A general partnership is not a legal entity, but rather a relationship that exists between partners. It is defined in the Partnership Act 1890 (PA 1890) as ‘the relation which subsists between persons carrying on a business in common with a view of profit.’ The partners in a partnership are the persons who are 'carrying on a business in common with a view of profit'. In principle any individuals

Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such privilege may vary. Joint privilege occurs where multiple parties have a joint retainer or joint interest in advice, for instance, where a company seeks advice on a matter in which the directors have an interest (as defined in R (on the application of Ford) v FSA). Joint privilege may be asserted to enable a party to

A parental order is an order made under section 54 or 54A of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and which has the effect of transferring parentage from a surrogate mother to the intended parent or parents. Such orders can be made only after the child has been born. The effect of a parental order is to make the applicants the legal parents of the child, from which parental responsibility flows. An application must be made within six months of the birth of the child and applies where a child has been carried by a woman who is not one of the applicants, as a result of an embryo or sperm and eggs being implanted

Pursuant to section 46 of the Family Law Act 1996 (FLA 1996), the court may accept undertakings from any party in proceedings where the court has power to make an occupation order or non-molestation order. An undertaking is a promise to the court (rather than to another party) to do or not to do something, and it may be enforced as a contempt of court punishable by committal proceedings. Often, undertakings are given by a respondent in the terms roughly similar to the order sought by the applicant within the Family Law Act application as a way of resolving proceedings swiftly and without the risk of findings being made. There are some limitations on when the court may accept an undertaking, for example, the court must not accept undertakings instead of making a non-molestation order where

Professional arbitration on court terms Professional arbitration on court terms (PACT) is a dispute resolution process that came into force in July 1997 and is backed by the Royal Institute of Chartered Surveyors (RICS) and the Property Litigation Association (PLA), a members' organisation for property professionals. PACT provides landlords and tenants with an alternative way to resolve outstanding issues on a lease renewal without them being decided by a court. See Practice Note: PACT—Professional Arbitration on Court Terms. Outstanding issues in dispute are referred to an arbitrator or independent expert and their decision is binding (subject to appeal). PACT was first introduced to offer a viable alternative dispute resolution mechanism for lease renewal disputes. It was considered to be a cost effective way of resolving one or more outstanding issues in a lease renewal without the need to involve the court. In order to resolve any

Section 31(1) of the Matrimonial Causes Act 1973 provides: ‘Where the court has made an order to which this section applies, then, subject to the provisions of this section and of section 28(1A) above, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended’. In Grey v Grey (at [para 60]), Wall LJ held: ‘My understanding has always been that the court has an unfettered discretion to backdate any variation—if necessary, beyond the date of the making of the application to vary:—see Warden v Warden [1982] Fam 10 at 14A to D per Ormrod LJ. I

A bridleway is defined as: ‘A highway over which the public have the following, but no other rights, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse with or without a right to drive animals of any description along the highway.’ In addition, cyclists have the right to ride bicycles which are not mechanically propelled vehicles on bridleways but they are required to give way to pedestrians and persons on horseback. Section 34(1) of the Road and Traffic Act 1988 (RTA 1988) provides that it a criminal offence to, without lawful authority, drive a mechanically propelled vehicle on any road being a footpath, bridleway or restricted by-way. RTA 1988, s 34(2A), however, provides that it is not an offence for a person with an interest in land, or

Member’s voluntary liquidation (MVL) is a kind of voluntary liquidation where the company is solvent and the members retain the majority of the control. An MVL is typically used where a solvent company has served its purpose and its members no longer wish to retain it as a corporate entity. It is also used where members wish to get back their investment into a solvent company. See Practice Note: What is a members’ voluntary liquidation and when is it typically used? An MVL can be used where

When dealing with a claim for financial loss, a party may claim damages for wasted staff time if those staff have been diverted from their usual activities to undertake work to deal with the consequences of a breach of contract (AEW Architects). Note, however, there may be circumstances where the additional work necessitated by a breach of contract is sufficiently limited in extent that the company cannot sensibly be regarded as having suffered a loss because the employee in question had to do it or where the employee(s) were so underemployed that the company did not suffer any loss simply because they had to work a bit more (this was considered in Balmoral Group). Where an innocent claimant establishes its cause of action, it can recover any management time reasonably spent dealing with the consequences of the breach (AEW Architects). What evidence will I need to provide? The authorities were reviewed by the Court of Appeal in Aerospace Publishing, which outlines