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Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's

What are preliminaries in a construction contract?

What are preliminaries in a construction contract?

What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the

Legal Guidance

Q&As

What are the pre- and post-trade transparency requirements for UK trading venues in respect of shares and other equity-like instruments?

What are the pre- and post-trade transparency requirements for UK trading venues in respect of shares and other equity-like instruments?What are the...
2nd May
Q&As

Can an overseas company sign an English law contract on behalf of its UK branch?

Can an overseas company sign an English law contract on behalf of its UK branch?The Companies Act 2006 defines an ‘overseas company’ as any company...
2nd May
Q&As

What is the procedure for enforcement under section 28 of the Town Police Clauses Act 1847?

What is the procedure for enforcement under section 28 of the Town Police Clauses Act 1847?Before identifying the procedure for enforcement, it is...
Produced in partnership with David Wilson of a2z licensing 2nd May
Q&As

What liability would an employer (term is used in the consultant appointment) have for personal injury to a consultant who was injured while carrying out professional services?

What liability would an employer (term is used in the consultant appointment) have for personal injury to a consultant who was injured while carrying...
2nd May
Q&As

Where a testator was domiciled in jurisdiction A, not being England & Wales, both at the time when they executed a Will and when they subsequently entered into a valid marriage in jurisdiction A, what law determines whether the marriage has revoked the Will?

Where a testator was domiciled in jurisdiction A, not being England & Wales, both at the time when they executed a Will and when they subsequently...
2nd May
Q&As

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period is about to expire?

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...
2nd May
Q&As

Can a company registered in Germany be a corporate trustee of a charitable incorporated organisation (CIO)?

Can a company registered in Germany be a corporate trustee of a charitable incorporated organisation (CIO)?For information on charitable incorporated...
2nd May
Q&As

What details should a company record in the PSC register?

What details should a company record in the PSC register?A company’s people with significant control (PSC) register must never be empty. The company...
2nd May
Q&As

Are the officers of a co-operative or community benefit society (registered society) subject to the same duties as the directors of a limited company?

Are the officers of a co-operative or community benefit society (registered society) subject to the same duties as the directors of a limited...
2nd May
Q&As

Once a public limited company has been converted to an Societas Europaea is it the same legal entity?

Once a public limited company has been converted to an Societas Europaea is it the same legal entity?A Societas Europaea (SE) is a public limited...
2nd May
Q&As

How can an unincorporated football club run by its members sell its football grounds?

How can an unincorporated football club run by its members sell its football grounds?This Q&A assumes that that the unincorporated association is not...
2nd May
Q&As

If a US company has a UK-registered branch but will soon no longer have premises in the UK, is there an obligation to dissolve the registered UK branch?

If a US company has a UK-registered branch but will soon no longer have premises in the UK, is there an obligation to dissolve the registered UK...
2nd May
Q&As

What options are available to enable an unincorporated association to dissolve when its constitution contains no provisions on dissolution and there is likely to be minimal membership engagement?

What options are available to enable an unincorporated association to dissolve when its constitution contains no provisions on dissolution and there...
2nd May
Q&As

Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia?

Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia?When a company registered in England and Wales...
2nd May
Q&As

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered society grant a power of attorney to a third party to execute documents on its behalf?

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered...
2nd May
Q&As

Might a lender holding a legal mortgage (or Scottish pledge) of shares be a PSC?

Might a lender holding a legal mortgage (or Scottish pledge) of shares be a PSC?Might a lender holding a legal mortgage (or Scottish pledge) of shares...
Produced in partnership with XXIV Old Buildings 2nd May
tag iconScottish Law
Q&As

What details would a company incorporated abroad but acting through a branch in the UK need to include on its stationery?

What details would a company incorporated abroad but acting through a branch in the UK need to include on its stationery?Given the nature of your...
2nd May
Q&As

Can an unincorporated association become an incorporated entity, and can decisions and resolutions made by the unincorporated association transfer across to the incorporated entity?

Can an unincorporated association become an incorporated entity, and can decisions and resolutions made by the unincorporated association transfer...
2nd May
Q&As

Can an industrial and provident society allow proxy voting if it's rules are silent on proxy voting or do its rules have to explicitly allow proxy voting?

Can an industrial and provident society allow proxy voting if it's rules are silent on proxy voting or do its rules have to explicitly allow proxy...
2nd May
Q&As

What do I need to know about the European Commission's proposals for a single-member private company?

What do I need to know about the European Commission's proposals for a single-member private company?Following the withdrawal of the proposal for a...
2nd May

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