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Basic terms At the outset, assess whether an overage arrangement is right for the deal. Your client might be better served by agreeing a higher purchase price or entering into a conditional contract instead. Overage provisions can be intricate and costly to negotiate. If overage will apply, check that the terms reflect the buyer’s intended use of the site. the overage period (note that, from 6 April 2010, the rule against perpetuities does not apply to most commercial interests and, if no period is specified, there is a risk the agreement could be perpetual) the property that will be subject to the overage any individual units to be sold or built, making clear whether parking spaces and other ancillary areas are included within a unit for the overage calculation Include a ‘good faith’ clause, as this may help in the event of a dispute...
In this issue: Funding and investment Pensions Regulator Types of pension scheme Daily and weekly news alerts Dates for your diary Trackers Funding and investment Government launches promised pensions review as part of its economic growth mission On 20 July 2024, the Chancellor of the Exchequer, Rachel Reeves, confirmed the start of the official pensions review, fulfilling Labour’s pre-election manifesto commitment. This review sits within the new administration’s drive to ‘boost growth and make every part of Britain better off’. It will prioritise channelling more investment, growing savers’ pension pots, and cutting waste across the pensions framework. Ministers contend that redirecting defined contribution schemes could unlock £8 billion of fresh productive capital for the UK economy, while raising individual pension pots by more than £11,000. The £360 billion Local Government Pension Scheme—hailed as ‘an engine for UK growth’—is likewise in scope, as the government explores how to release its investment capacity and address its £2 billion outlay...
In this issue: Trusts Court of Protection UK taxation for private clients HMRC manual updates Tax avoidance, evasion and non-compliance Family enterprises and ownership frameworks Charity and philanthropy Disputed trusts and estates Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Further Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts Help! We can’t find the Trust Deed (In re Fassam deceased) When the original trust deed could not be located, yet other deeds made by the deceased for similar settlements were to hand, the court inferred the missing terms probably matched them—namely, an equal division between the two children. On that footing, the court permitted the trustees to release the trust fund to the deceased’s only...
A Greek scientist has won €50,000 in damages for mental distress and reputational harm An EU court ruled on 1 October 2025 that the Commission’s anti-fraud office, through a press release, exposed the scientist’s personal data and allowed readers to identify her, warranting compensation. The case has drawn attention as it clarifies when someone is considered identifiable under EU data protection law, how to weigh the means that might enable direct or indirect identification, and how to assess losses arising from being identified. Judges of the lower-tier General Court found she was owed damages after she proved the publication caused non-material harm to her professional career, health, reputation and honour. The court added that OLAF’s statement could have suggested her guilt to her professional peers, even though, at the time of the ruling, the individual was not yet identifiable...
Firms sometimes extend low-interest (or interest-free) borrowing to directors or staff as part of a remuneration package, or on particular occasions, to assist the individual with major financial outlays. As with any other form of employment reward, where a loan is made by a third party rather than by the employer, the disguised remuneration rules in Part 7A of Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) must be considered first, since those provisions take precedence over most mechanisms for charging employment income to tax (including the benefits code). For further information, see: Disguised remuneration and EBTs—overview and, also, regarding the loan charge within the disguised remuneration rules, refer to Practice Note: Disguised remuneration—history of the loan charge. If no third party is involved (eg where the employer itself advances the loan), or an exemption from the disguised remuneration regime applies, the provisions in the benefits code for employment-related loans outlined below may instead govern the position for the particular loan in question...
A–B | C–D | E–H | I–N | O–P. Qualified person (QP) The qualified person (QP) must confirm that every batch of medicinal products is manufactured and checked in line with UK or EU Member State law and in keeping with the marketing authorisation (MA) terms. See also: batch release marketing authorisation (MA) medicinal product Practice Note: Manufacturing of medicinal products for human use Qualified person for pharmacovigilance (QPPV) A qualified person for pharmacovigilance (QPPV) is the individual who, by law, holds personal responsibility for the safety of a human medicinal product. See also: adverse reaction marketing authorisation (MA) medicinal product Practice Note: Pharmacovigilance Rare disease See: orphan medicinal product (OMP)...
This Practice Note addresses several frequently asked questions that may arise when deciding whether to pursue a Third Party Debt Order (TPDO). For guidance on what a TPDO is and the steps to obtain one, see Practice Notes: What is a third party debt order (TPDO)? How to apply for a third party debt order (TPDO) Does a TPDO have to be issued against a financial institution? No. You can apply for a TPDO against any third party within the jurisdiction that owes money to your debtor. This extends to an individual who is a debtor of the judgment debtor. Can a TPDO be made in respect of cryptocurrency? Following the decision in Ion Science Ltd v Persons Unknown (2020) (not reported by LexisNexis), the High Court confirmed that crypto assets are capable of being treated as property and can be traced and enforced against, including via an application for a TPDO. For guidance, see News Analysis: First third-party debt...
This Agreement is dated [ insert day and month ] 20[ insert year ] Parties The various individuals whose names and addresses appear in Schedule 1 (together, the Sellers); and [ Insert name of purchasing corporate entity ], a company incorporated in [ England and Wales OR [ insert country of incorporation ] ] with registered number [ insert company number ], whose registered office is at [ insert address ] (the Buyer), [ (each Seller and the Buyer being a Party, and together the Sellers and the Buyer being the Parties). ] Background The Company (as defined below) is a private company limited by shares and is incorporated in [ England and Wales OR [ insert country of incorporation ] ]. Details of the Company are set out in Schedule 2. The Sellers are the legal and beneficial owners of the Sale Shares (as defined below), which in aggregate comprise the entire allotted and issued share...
From: [ insert name and address of individual ] To: [ insert name and address of photographer ] Date: [ insert date ] This permission concerns the photos of me captured on [ insert date ] at [ insert location and/or event name ] (‘ Photographs ’)...
From [ insert name of individual ] of [ address ] To [ insert name of company ] of [ address ] Dated [ date ] Dear [ insert organisation name ] [ insert name of film ] (the Film) In return for the payment of £[ insert amount ] now made by you to me (for which receipt is acknowledged), I represent, affirm and agree that you, together with your successors, assignees and licensees, shall be entitled to record, revise, adapt and commercially use, whether in whole or in part, the following: any motion pictures, photographs and audio recordings created for the Film in which I appear—including my name, likeness, image and voice; any literary, dramatic, musical or artistic work or ...