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This checklist sets out the main points to consider when shaping an online brand protection strategy. Use it alongside the Practice Note: Brand protection online—strategy. Protecting the brand Have you established the right safeguards? Have you secured suitable trade mark and other relevant registrations? Is there a global filing and enforcement plan to avoid issues in first-to-file countries? Are you tracking unauthorised activity? (see below for details) Have you set enforcement criteria to prioritise particular infringements? Are you ready to act swiftly through take-down procedures? Have you ensured official brand sites maintain a strong online presence? Are you leveraging technological advances to make authentic items harder to copy? Do you maintain good working relationships with customs and law enforcement agencies? Do third parties know the business will rigorously protect its brands? Do you have robust compliance measures in place? Do you publish a website IP notice that makes third parties aware...
Compulsory liquidation The title deeds should comprise: an official copy of the winding‑up order; and, unless the liquidator is the official receiver (as appointed by the court under that order), also certified copies of one of the following: the resolution passed at the creditors’ meeting appointing the liquidator; or the resolution passed at the contributories’ meeting appointing the liquidator, together with a certificate issued by or on behalf of the liquidator confirming that a creditors’ meeting was duly held and either endorsed the contributories’ appointment or did not pass a resolution nominating a liquidator; or the court’s order appointing the liquidator under either: IA 1986, s 139(4) (overriding the creditors’ appointment, which would otherwise take precedence over any appointment in the winding‑up resolution — see IA 1986, s 139(3)); or IA 1986, s 140 (for any winding‑up following administration or a voluntary arrangement); or the liquidator’s appointment...
Note: the CPRC no longer distributes the underlying papers with the minutes, and consequently no documents explaining the matters discussed are supplied alongside this News Analysis. A copy of the minutes can be found here: Minutes of the Civil Procedure Rule Committee. Welcome, apologies and introductory remarks (item 1) The minutes of the 9 May 2025 meeting were approved (for more detail, see News Analysis: Minutes of the CPR Committee meeting—9 May 2025). From the action log, the following items were recorded: Forms and standard orders—various strands of work remain in progress, and a new working group will be created. The Chair and Secretariat will finalise the finer details outside the committee. Digital Markets, Competition and Consumers Act 2024—drafting was agreed under item 3 at the Minutes of the CPR Committee meeting—9 May 2025, and the finalised draft is now circulating within the sub-committee for approval. A handful of substantive issues have emerged but are not anticipated to require consideration by the full committee....
In this issue: Wills Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional 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 Useful information Wills Llamas, legacies, and legalities—does a gift in a Will fail if the charity ceases to exist? (British Camelids Ltd v Brooke Hospital for Animals) Animal-loving conservationist Candia Midworth, who kept llamas on her Surrey farm, directed that her £1.9m estate be shared equally among a number of animal charities. By the date of her death on 8 April 2022, some of those charities had either passed their functions to successor bodies or disappeared entirely. British Camelids Ltd, as claimants,...
In this issue: Practice and procedure Private children Public children LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts New subtopic and overview Updated content Useful information Practice and procedure HM Land Registry updates Practice Guide 11 and Form CNG HM Land Registry (HMLR) has revised Practice Guide 11—Inspection and application for official copies—so that the digital routes for requesting official copies are set out ahead of references to paper applications, and has inserted a new section explaining how to apply for an official copy where more than one deed shares the same date and type. In Form CNG—Change of name (Transgender and Non-Binary), the wording in panel 2 has been updated to align with the terminology of the Gender Recognition Act 2004. See: LNB News 02/09/2024. Private children Unsupervised contact (Re: T and another (Appeal: Fair Hearings: Delegation of Judicial Functions)) In Re: T and another (Appeal: Fair Hearings: Delegation of...
This Practice Note focuses solely on the structure of UK legislation enacted by, or processed through, the UK’s four legislatures. It falls into two groups—primary legislation and, with a single exception, secondary (also termed subordinate) legislation. The exception is byelaws, whose place in the legislative hierarchy is outlined below but not treated in detail. Regnal years Acts are now cited by reference to years (see below), but before 1963 citations used regnal years, ie the year of the sovereign’s reign for the parliamentary session in which the Act was passed. How to find legislation—principal types of legislation The principal types of primary and secondary legislation are set out in the table below. In terms of the legislative framework and locating legislation, the key point is that each type employs a distinct numbering series and style of citation. The various citations are shown in the table. The nature of any item of primary legislation is clear from its title. For secondary legislation, the type is identified in...
This Practice Note examines the scrutiny of official copy entries (often called an OCE) relating to the title of a property recorded at HM Land Registry in an enforcement context. It identifies the key items that ought to form part of a security review and the guidance to receivers upon appointment. The Practice Note also highlights, by way of examples, some opportunities that may exist for securing additional benefit; these are not intended to be exhaustive. Matters more appropriate to a real estate report on title are outside the scope of this Practice Note. For information on obtaining OCEs from HM Land Registry, see Practice Note: How to obtain official copies of the register from HM Land Registry. The land register and title plan Where a mortgagee is contemplating appointing, or has already appointed, a receiver over a property, you should obtain from HM Land Registry the relevant OCE for that property. Doing so is crucial to verify that the security under which the receiver will be appointed...
This Practice Note explores how the stages of commercial property sales differ between England and Wales and Scotland, covering pre-contract, contract, post-contract, completion or settlement, and post-completion or settlement. Assuming a straightforward transaction with no funding, the outline below sets out the principal steps at each stage for both jurisdictions... Pre-contract England and Wales Buyer submits pre-contract enquiries to the seller Buyer undertakes due diligence and orders required searches (for example official copies, land charges searches, coal mining reports, and local authority search and enquiries), see Practice Note: Pre-contract searches Seller circulates a draft contract incorporating the standard conditions of sale The parties negotiate the draft contract Buyer makes an official search with priority; see Pre-completion searches—checklist Scotland Seller supplies a title pack, comprising a copy title sheet where registered in the Land Register, or title deeds if still in the Register of Sasines, together with all necessary reports and searches (such as a legal...
Precedent transfer A flexible Word copy of precedent form TR5 is available via the link on this page to download, store or print. You can save it locally or print a hard copy. Drafting notes to precedent transfer Refer to HM Land Registry Practice Guide 33: large scale applications and calculation of fees for official guidance on completing form TR5. It provides HM Land Registry’s detailed guidance therein. Panel 1—Title numbers List each title number in alphanumeric order as standard. Enter ‘U’ in the first column where the Property is unregistered, when applicable. In the second column, show whether the whole or part of the title is transferred by inserting ‘W’ or ‘P’ accordingly. Attach plans for a part transfer of a registered title, or for a transfer/conveyance of unregistered land accordingly. Where the price is apportioned across multiple Properties, you may state the amount for each Property in the last column. If implied covenants for title for...
Date [ date ] Parties 1 [ name of (first) Seller ] [ and [ name of second Seller ] both ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( [ together ] Seller ) 2 [ name of (first) Buyer ] [ and [ name of second Buyer ] both ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( [ together ] Buyer ) 1 Definitions Within this Agreement, the terms below carry these meanings: Actual Completion Date – the day on which the Transfer is in fact completed; [ Buyer’s Solicitors – [ name ] of [ address ] (reference [ details ]); ] [ Charge [ s ] – the charge [ s ] listed at entry number [ number...
Conditional consent to assign WARNING: Use this precedent only for the most straightforward, low‑value cases; in most others the long‑form licence to assign—new tenancy—should be used. [LANDLORD’S LETTER HEADING] DATE: [ date ] Dear [ complete as appropriate ] — Re: [ licence OR consent ] to assign We consent to assignment of the Lease to [ name of assignee ] (the Assignee) on these conditions: Provide an authorised guarantee agreement in the attached form, executed as a deed by you [and the Tenant’s Guarantor]. Pay all rent and other sums due up to completion. The Assignee must give guarantees or security, reasonably acceptable to us, assuring payment (including increases) and compliance with the Lease. Complete within [3] months of this letter, otherwise our consent lapses. On completion, give the Assignee’s rent address; serve notice with a certified copy and pay a £[ amount ] registration fee; the Assignee’s solicitors must apply promptly for any HM Land Registry registration, then...