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Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
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

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

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

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

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Legal Guidance

Q&As

If an EBT trustee holds shares on bare trust for an employee, can CGT business asset disposal relief be available?

If an EBT trustee holds shares on bare trust for an employee, can CGT business asset disposal relief be available?In order for capital gains tax (CGT)...
16th Jun
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Under section 136 of the Law of Property Act 1925, express notice must be given in order to assign a debt. However, is it possible to serve this notice and assign the debt if you have already tried enforce the debt, for example by serving a section 17 notice under Landlord and Tenant (Covenants) Act 1995?

Under section 136 of the Law of Property Act 1925, express notice must be given in order to assign a debt. However, is it possible to serve this...
16th Jun
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Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary maternity leave an employee is entitled to, or is it in addition to the ordinary maternity leave entitlement?

Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary...
16th Jun
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Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
16th Jun
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Could a subcontractor be an ‘associated person’ for the purposes of the offence of failure to prevent fraud under section 199 of the Economic Crime and Corporate Transparency Act 2023? If yes, in what circumstances could this happen?

Could a subcontractor be an ‘associated person’ for the purposes of the offence of failure to prevent fraud under section 199 of the Economic Crime...
13th Jun
Q&As

Where UK companies were paid by a Russian company prior to the conflict in Ukraine and now cannot deliver the goods, are UK companies restricted from refunding the funds to the Russian company by the current sanctions?

Where UK companies were paid by a Russian company prior to the conflict in Ukraine and now cannot deliver the goods, are UK companies restricted from...
13th Jun
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Which price index is most appropriate for use as a reference point in a price review clause for a manufacturing agreement? Are the Services Producer Price Index or Producer Price Indices appropriate? Are there any ways of linking price review clauses to accurately reflect changes in the price of raw materials and/or manufacturing costs?

Which price index is most appropriate for use as a reference point in a price review clause for a manufacturing agreement? Are the Services Producer...
13th Jun
tag iconCommercial contracts in hard times
Q&As

Is the corporate offence of failure to prevent fraud under section 199 of the Economic Crime and Corporate Transparency Act 2023 a consideration in contracts for the supply of goods? Should customers consider including a prevention of fraud clause in their contracts for the supply of goods?

Is the corporate offence of failure to prevent fraud under section 199 of the Economic Crime and Corporate Transparency Act 2023 a consideration in...
13th Jun
Q&As

Do you have any drafting for use in supply and sub-contracts around sanctions management and the consequences, need for transparency and due diligence?

Do you have any drafting for use in supply and sub-contracts around sanctions management and the consequences, need for transparency and due...
13th Jun
Q&As

What are the UKCA marking and UKNI marking, and when are they needed?

What are the UKCA marking and UKNI marking, and when are they needed?This Q&A provides an introduction to the use of UKCA marking and UKNI marking for...
13th Jun
Q&As

What are commodity codes and procedure codes from 1 January 2021 and where do I find them?

What are commodity codes and procedure codes from 1 January 2021 and where do I find them?A commodity code is a ten-digit code to classify goods for...
Produced in partnership with Victoria Hewson 13th Jun
Q&As

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?The concept of ‘origin’The concept of ‘origin’ in the...
Produced in partnership with Fergus Randolph QC of Brick Court Chambers 13th Jun
Q&As

What is an EORI number and when is it needed?

What is an EORI number and when is it needed? What is an EORI number and when is it needed?EORI stands for Economic Operators Registration and...
13th Jun
Q&As

I have received a force majeure notice from my supplier, what do I do?

I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...
Produced in partnership with XXIV Old Buildings 13th Jun
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Q&As

If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what options are open to recover money owed?

If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what...
13th Jun
Q&As

Can a business benefit from a set-off agreement where it acts as both supplier to and customer of another business?

Can a business benefit from a set-off agreement where it acts as both supplier to and customer of another business?Firstly, see Practice Note:...
13th Jun
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What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B?

What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's...
13th Jun
Q&As

What are the legal issues for contracts impacted by war and sanctions following the Russian invasion of Ukraine?

What are the legal issues for contracts impacted by war and sanctions following the Russian invasion of Ukraine?IntroductionThe Russian invasion of...
13th Jun
tag iconCommercial contracts in hard times
Q&As

What considerations apply when determining the correct rate of customs duty payable on imported goods from 1 January 2021?

What considerations apply when determining the correct rate of customs duty payable on imported goods from 1 January 2021?Will duty apply?Whether duty...
Produced in partnership with Fergus Randolph QC of Brick Court Chambers 13th Jun
Q&As

What is an authorised economic operator (trusted trader) and when should a business consider applying for this status?

What is an authorised economic operator (trusted trader) and when should a business consider applying for this status?The Authorised Economic Operator...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Jun

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