Declaration meaning

Set out below are the key practical competition law considerations when preparing and submitting the Form CO to the European Commission (the Commission): Confirm eligibility for a Short Form CO to reduce disclosures. Build in time; a full Form demands extensive data, including Member State market shares. For turnover, use the Commission’s official ECB exchange rate and support the filing with economic analysis. If information is unavailable, explain why and estimate; if requests seem irrelevant, justify and obtain a waiver with the case team. Check accuracy; inaccuracies render the Form CO ineffective until the Commission is satisfied. Provide precise contact details for customers, competitors and suppliers, and include caveats for any assumptions. Allow time for authorisations and, where required, signature of the declaration by the relevant business person or in-house lawyers. Prepare required copies (one original, three paper, two CD or DVD) and translate supporting documents not in an EU official language. Review supporting documents for any “anti-competitive” language...

Background Statutory declarations form an essential component of insolvency processes, arising most frequently when a company proceeds by members’ voluntary liquidation (MVL) under section 89 of the Insolvency Act 1986 (IA 1986), and also when administration is commenced by an out-of-court appointment in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17. Section 20 of the Statutory Declarations Act 1835 (SDA 1835) sets out the required form of the declaration, as contained in the Schedule to that Act. Under SDA 1835, s 19, a fee is payable, the amount of which is fixed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration, or affirmation, together with an additional £2 for each exhibit referred to therein that must be marked, or for every schedule that is required to be marked. Save for prescribing the template of the statutory declaration and making provision for the relevant fees, no further formal requirements are stipulated. Accordingly, the...

ARCHIVED: This Checklist is archived and no longer maintained. Brexit: as of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in line with the Withdrawal Agreement, the UK entered an implementation period, during which EU law still applies. This affects this Checklist. It should be read with this context firmly in mind. For further guidance, see: Brexit Bulletin—key updates, research tips and resources, and the Brexit collection. On 3 February 2020, the UK and the EU set out their opening negotiating positions for a post‑Brexit UK‑EU relationship. Although the Political Declaration, appended to the Withdrawal Agreement, provides the framework for the future relationship with the EU, it is not legally binding, so either side may choose to depart from parts or all of the text. If talks on a trade agreement between the UK and the EU fail (a no trade deal Brexit), the UK’s trade with the EU would proceed on World Trade Organization (WTO) terms. This Checklist...

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This flow chart outlines standard process to complete a transfer of certificated shares. Open or print a full-size PDF version:...

In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Conventional power, waste to energy, biomass, and CHP projects Nuclear energy Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials Friends of the Earth has won a pivotal High Court judgment against the government, with the court ruling that the climate strategy advanced by the Secretary of State for Energy Security and Net Zero is unlawful. The court determined that adopting the Carbon Budget Delivery Plan contravened the Climate Change Act 2008. See: LNB News 03/05/2024 70. Electricity and gas market regulation and licensing Ofgem has released its conclusions on the consultation regarding updates to the licence fee cost recovery principles (LFCRP) and issued the LFCRP for May 2024. After reviewing consultees’ submissions, Ofgem confirmed it...

In this issue: Contract law Building safety Litigation Arbitration Tax for construction lawyers Standard form contracts Construction industry news Daily and weekly news alerts New and updated content Construction trackers Contract law Employer deemed out of time in issuing a notification on the Monday after a Sunday deadline (My Contracts v 74 Hamilton Terrace) In My Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC), the TCC issued a declaration at the contractor’s request concerning the construction of a clause that imposed a deadline for the employer to notify costs for which the contractor was responsible. The court concluded the employer missed the deadline by serving the notice on the Monday immediately after the final day for service, which had fallen on a Sunday. Central to the decision was that the clause made no provision for the period to be calculated by reference to ‘Business Days’. See News Analysis: Employer...

In this issue: Key developments and horizon scanning Transferring property Property insolvency Property taxes Easements, rights and covenants Property in Scotland Leasing property LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 The Leasehold and Freehold Reform Act 2024 (LFRA 2024), which gained Royal Assent on 24 May 2024 and featured in last week’s highlights, has now been published. Sections 113 (controls on remedies for arrears of rent charges), 117 (recovery of legal costs etc through service charge), 118 (repeal of section 125 of the Building Safety Act 2022) and 119 (higher-risk and relevant buildings: insolvency notifications) take effect two months after Royal Assent (24 July 2024). The rest of LFRA 2024 will commence by regulations to be made by the new government after the election. See: LNB News 04/06/2024 14. ...

Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113), as amended, implement Directive 2012/19/EU (recast WEEE Directive) and replace the Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/3289). Rooted in the principle of ‘extended producer responsibility’, they place obligations on producers to manage the environmental impacts of their products, particularly at the ‘end of their life’ when they become waste. Producer compliance schemes Under WEEE 2013, reg 14, any producer placing five tonnes or more of EEE on the UK market in a year must join a Producer Compliance Scheme (PCS). A PCS supports compliance and arranges for collected WEEE to be sent to an Approved Authorised Treatment Facility (AATF) or an Approved Exporter (AE) for treatment in the UK or overseas. For further details on producers’ duties, see Practice Note: WEEE—producer obligations. Applications for approval A PCS must be approved by the Environment Agency (EA) for applicants based in England, and by Natural Resources Wales (NRW) for applicants based in Wales...

The resolution to wind-up A company can move into voluntary liquidation only if one of the following applies: its fixed duration has ended, or an event specified in its articles as triggering liquidation has occurred, and the company has approved an ordinary resolution to wind up; or it passes a special resolution to be wound up voluntarily. See: 97 Notice of meeting to pass ordinary or special resolution to wind up: Encyclopaedia of Forms and Precedents [1441] 103 Special resolution to wind up and appoint liquidator: Encyclopaedia of Forms and Precedents [1452] The former practice of proceeding by extraordinary resolution is no longer available under the Companies Act 2006. Where the directors make a declaration of solvency under section 89 of the Insolvency Act 1986 (IA 1986), the company may proceed by way of a members’ voluntary liquidation (MVL). For further information, see Practice Note: What is a members’ voluntary liquidation and when is...

Prepared in collaboration with 4 Pump Court, this Practice Note condenses the choices open to a party aiming to stop enforcement of an adjudication decision, while also signposting grounds the court has dismissed or rejected. The courts adopt a pro-enforcement stance towards adjudication outcomes and, as set out below, the instances in which a decision will not be enforced (or a stay of execution will be ordered) are tightly constrained. Summary of grounds for resisting enforcement The court will refrain from enforcing an adjudicator’s decision, or grant a stay of execution, only in narrowly defined situations: the adjudicator lacked jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication) there was a serious or material breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication) the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution) fraud occurred during...

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 The Law Commission’s review of wills culminated in a final report on 16 May 2025. Volume II contains a Draft Bill proposing replacement of the Wills Act 1837. For details of these proposals, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: Draft Bill for a new Wills Act. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, implements the abolition of the remittance basis and introduces a residence-based regime from 6 April 2025. FA 2025 makes residence, rather than domicile, the main determinant of liability to inheritance tax. changes to the rules defining excluded property status; removal of protected settlements status for offshore trusts; and modifications to overseas workday relief. For further information, see Practice Notes: The abolition of the remittance basis of taxation...

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 On 16 May 2025, the Law Commission’s review of Wills published its final report, formally setting out its conclusions, with Volume II containing a draft Bill intended to supersede the Wills Act 1837. For details of these proposals, including the published draft legislation, consult Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: draft Bill for a new Wills Act. STOP PRESS: Ending the non-dom regime and moving to a residence-based IHT regime. The Finance Act 2025 (FA 2025), which obtained Royal Assent on 20 March 2025, enacts legislation for the removal of the remittance basis of taxation and substitutes a residence-based system commencing on 6 April 2025. It also displaces domicile as the principal determinant of inheritance tax (IHT) liability for individuals. Further measures cover revisions to the rules for excluded property status, the removal of protected settlements status for offshore trusts, and alterations to overseas workday relief as applicable. For more on these reforms, see...

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Response to appeal Under the Employment Appeal Rules 1993 (EAT Rules), SI 1993/2854, rule 6(2) provides that a respondent who intends to oppose an appeal must lodge with the Appeal Tribunal a written answer in accordance with, or broadly following, Form 3 contained in the Schedule to these Rules, setting out the grounds on which they rely. Nevertheless, where the respondent seeks to rely on any ground that mirrors a ground adopted by the employment tribunal when making the judgment, decision, declaration or order under appeal, it is sufficient simply to say so in the answer, and it shall be sufficient to state that fact in response. For further details, see Practice Note: Responding to an appeal...

Under section 55A of the Family Law Act 1986 (FLA 1986), a party can apply to either the Family Court or the High Court for a declaration determining whether a person named in the application is, or was, the parent of another individual in question. The court’s authority depends on domicile or habitual residence in England and Wales, as set out in FLA 1986, s 55A(2). Where the application is successful, and a declaration of parentage is granted by the court, it shall give notice to the Registrar General (FLA 1986, s 55A(7))...

Legal co-owners are equitable tenants in common—conversion to equitable joint tenancy Legal co-owners holding property for themselves as equitable tenants in common may, where they agree, opt to hold as equitable joint tenants by executing a fresh declaration of trust. Please consult Practice Note: Residential property—transfers of equity and dealings with equitable interests in residential conveyancing, paying particular attention to the main section Specific scenarios for guidance on that topic within that resource. You might also find these resources helpful: Trusts of land for property lawyers—Overview Trusts of land—overview ...