Golden rule meaning

The Green Deal The Green Deal was a government initiative enabling households and businesses to carry out energy efficiency upgrades to domestic and commercial buildings using a ‘pay-as-you-save’ model. Approved Green Deal providers sourced low-cost finance for the works with no advance payment required. Instead, the cost of the efficiency measures was added to the property’s energy bills and settled in instalments by the energy bill payer, in accordance with the Green Deal Golden Rule, namely that the anticipated monetary savings from the measures would be equal to or exceed the charges applied to the bill. Responsibility for repayment is attached to the property itself, and therefore passes to any new owner or occupier on sale or letting. The Energy Company Obligation (ECO), which replaced the Carbon Emissions Reduction Target and the Community Energy Saving Programme, operated alongside the Green Deal. The Green Deal was brought in across Great Britain by the Energy Act 2011 (EnA 2011) and given effect through various regulations and orders, including the Green Deal...

Leonard and others v Leonard (by her litigation friend Sharon Thompsett) and others [2024] EWHC 321 (Ch) What are the practical implications of this case? Banks v Goodfellow The common law test for testamentary capacity is well recognised by litigators practising in this area. Under Banks v Goodfellow (1869-70) LR 5 QB 549, a testator has capacity only if they can satisfy the following: be capable of understanding the nature and effect of making a Will be able to understand the extent and value of the property or estate they are disposing of be able to comprehend and properly weigh the claims to which they ought to give effect have no disorder of the mind that distorts their sense of right or prevents the natural exercise of their faculties when disposing of property by Will The judge held that the first limb requires consideration of the provisions of the particular Will in question (relying on Hughes v Pritchard...

In this issue: Insurance types UK Regulation EU Regulation Cases tracker Dates for your diary New and updated content Daily and weekly news alerts LexTalk®Insurance: a Lexis®Nexis community Insurance types Cyber Hiscox reported on 30 September 2025 that about 59% of small and medium-sized enterprises endured a cyberattack during 2025, underlining the shifting threat landscape as criminals adapt and harness new technologies to exploit businesses. In its annual cyber-readiness report, the insurer also noted that 33% of SMEs said they received a sizeable fine in the aftermath of an attack or data breach. Following such incidents, regulatory authorities, including the Information Commissioner’s Office, can levy penalties where organisations are found to have failed to protect data and privacy. See: Six in ten SMEs hit by cyberattack in 2025, Hiscox says. Marine Golden Adventure Shipping told a London court that its insurer, Berytus Insurance & Reinsurance Company, cannot avoid a US$5m payout...

Crew v Oakley [2024] EWHC 2847 (Ch) What are the practical implications of this case? There are four key takeaways from this judgment. First, where Wills of frail, older testators are concerned, particularly amid capacity questions and familial discord, it is paramount that a senior private client solicitor is engaged. Second, and linked to that, strict adherence to the Golden Rule is crucial: secure a contemporaneous medical evaluation of the testator’s capacity and produce a comprehensive attendance note charting the Will‑making steps. The court further observed that, where appropriate, solicitors might record their attendance by video or another electronic means (subject to consent and privacy considerations). Third, difficulties about the weight and reliability of a solicitor’s testimony can arise if they are a partner at the firm acting for a party who stands to benefit from that evidence. Although the court accepted that the solicitor’s account aligned with her primary duty to the court and was impartial, this is a point too often appreciated only when it is late...

Mental capacity is the ability to carry out a particular juristic act by understanding it and deciding to do something that attracts legal consequences, for example making a Will, putting in place a power of attorney, making a gift, or giving consent. A lack of mental capacity is the inability to take such action or to give consent because of a mental disorder or disability. This absence of capacity may well fluctuate. It will also differ according to the specific task in question that calls for the choice or consent and, for that reason, mental capacity is described as being 'function-specific'. The common law presumption of capacity In the common law, every individual is presumed to possess mental capacity until the opposite is proved. Where it has been proved or accepted that someone was so mentally disordered as to lack the capacity to enter a contract or make a disposition, that condition is presumed to continue until it is shown to have ended, and the burden of demonstrating...

Audiovisual expenditure credit (AVEC) scheme In the UK, the Corporation Tax Act 2009 (CTA 2009) makes expenditure credits available for British films and television programmes. The audiovisual expenditure credit (AVEC) replaced the tax relief introduced by the Finance Act 2014 and enables tax credits to be claimed where a film or TV production satisfies the relevant eligibility conditions. Film tax relief first appeared in 2007 under the Finance Act 2006 to stimulate investment in UK productions. Since launch, 5,230 films have lodged claims, with £5,905m paid to qualifying production companies. The relief was broadened in 2013 to cover television programmes. Since then, 1,375 programmes have made claims, and £3,967m has been paid out. For further detail, see Creative Industries Statistics August 2024. Historically, several film-related schemes have come under scrutiny for seeking to exploit legislative loopholes via film partnership structures. This has included tax avoidance through investment arrangements rather than relying on legitimate reliefs (see, for example, Samarkland Film Partnership No 3 and Ingenious Games LLP, Inside Track Productions...

Energy Company Obligation (ECO) replaces Carbon Emissions Reduction Target (CERT) and Community Energy Saving Programme (CESP) The Energy Company Obligation (ECO) began in January 2013, replacing the Carbon Emissions Reduction Target (CERT) which ran from 1 April 2008 to 31 December 2012, and the Community Energy Saving Programme (CESP) which operated from 1 October 2009 to 31 December 2012. CERT, which superseded the Energy Efficiency Commitment, required selected gas and electricity suppliers to meet targets for cutting carbon emissions in domestic properties. CESP sought to lower carbon emissions by obliging gas and electricity suppliers and electricity generators to deliver energy‑saving measures to domestic consumers in designated low income areas of Britain. What is the ECO? ECO works alongside the domestic Green Deal to provide support and funding for energy efficiency improvements in existing properties. It focuses on installing energy efficiency measures in low income households and areas, and in harder‑to‑treat homes where the most effective carbon‑saving measures do not meet the...