Open position meaning

This Checklist sets out the matters a landlord ought to weigh up where a tenant faces insolvency, highlighting the options open to the landlord, such as Commercial Rent Arrears Recovery (CRAR), forfeiture, drawing on a rent deposit, and pursuing former tenants, guarantors and sub-tenants. It further addresses practical considerations for the landlord, including steps for securing and marketing the property, and contacting the insolvency practitioner. What type of insolvency scenario applies to the tenant? The remedies that can be exercised, and the limits that will bite, differ depending on the particular insolvency arrangement affecting the tenant. Each procedure brings distinct constraints and options. For a table summarising the restrictions, see Practice Note: Quick guide to landlord’s remedies in tenant insolvency. Has contact been made with the insolvency practitioner? It is vital to liaise with the relevant insolvency practitioner to assess the tenant’s position and to evaluate what, if any, prospect exists of outstanding sums being repaid, future rents being protected, or the tenant emerging from the...

Importance of establishing the planning history of a site Where a deal involves creating, acquiring or disposing of any interest in land, confirming whether existing or intended uses or any operational works on that land are lawful is essential. This is because permission for the ‘development’ of land, as defined by section 55 of the Town and Country Planning Act 1990 (TCPA 1990) (see Overview: Is planning permission required?), must be in place unless the works or uses are allowed by a development order, for example the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (for England) or the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (for Wales) (see: Permitted development—overview). Failure to obtain planning permission when the law requires it, or failure to comply with conditions attached to a permission, amounts to a breach of planning control, which the local planning authority (LPA) may take enforcement action against (see: Planning enforcement—overview). As all grants of planning permission are decisions made by...

When assessing their VAT position and arranging internal matters, charities must reflect on numerous considerations, aiming to achieve the most beneficial VAT outcome open to them, i.e. to pay and/or incur as little VAT as possible, or none at all, wherever attainable within that framework as a whole...

In this issue: Investigating criminal conduct Decision to prosecute and alternatives to prosecution Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Whistleblowing in the UK—Still a long road ahead Rahman Ravelli’s legal director, Dr Angelika Hellweger, together with associate, Tatiana Novikova, examine how the UK handles whistleblowing. They map out the present UK statutory position and other relevant mechanisms, assess the scope of the safeguards they afford, and set these against the options open to whistleblowers in the United States of America. They also describe the HM Revenue and Customs (HMRC) whistleblower reward initiative announced near the end of 2025,...

On Tower UK Ltd v British Telecommunications Plc [2025] EWCA Civ 844 What are the practical implications of this case? Landlords and site providers will need to ensure that an agreement’s term has been, or will be, brought to an end in accordance with its contractual terms before serving paragraph 31 notices under the Electronic Communications Code, in Schedule 3A to the Communications Act 2003 (CA 2003) (Code), where those notices are intended to take effect after the contractual term has ended. The decision leaves open whether a landlord or site provider must wait for a break notice to expire, and demonstrate satisfaction of any break pre-conditions, before a paragraph 31 notice can then be issued; or whether it is adequate simply to serve the break notice and then—perhaps the following day—a paragraph 31 notice (or even to place both mechanisms within a single document). If that latter course is available, there remains the question of what the position would be if one or more break pre-conditions ultimately cannot...

In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies DSIT releases report and impact assessment on copyright and artificial intelligence DSIT, the Department for Culture, Media and Sport (DCMS) and the Intellectual Property Office have jointly issued a report and an impact assessment exploring the use of works protected by copyright in the training and development of AI systems. These have been published pursuant to sections 135 and 136 of the Data (Use and Access) Act 2025. See: LNB News 18/03/2026 44. EDPS unveils Compass on supervision and enforcement under the EU AI Act The European Data Protection Supervisor (EDPS) has released its Compass setting out its expanded role under the EU AI Act as a market surveillance authority...

CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment of 23 October 2017; it is no longer maintained. For more, see the timeline and relevant/related cases. Case facts ARCHIVE 26/10/2017 Outline An appeal to the General Court against the European Commission decision refusing VIMC’s complaint pursuant to Article 13(1) of Regulation 1/2003. Latest developments On 23 October 2017, the General Court handed down its judgment, rejecting in full the action to annul the European Commission’s decision to refuse VIMC’s complaint, on the basis that the matters raised were already being examined by a national competition authority (Case AT.40231). The General Court held that the Commission correctly applied the principles in Article 13(1) of Regulation 1/2003, exercising its discretion not to open an investigation because the Austrian national competition authority was already conducting one...

Energy consultations tracker tool This tracker outlines the current position and latest updates on key consultations led by government departments, regulators and other bodies relating to energy law and policy in England and Wales, from 1 January 2024... Jurisdictions and sections England and Wales open consultations closed consultations Previous consultation trackers Energy consultations tracker 2023 [Archived] Energy consultations tracker 2022 [Archived] Energy consultations tracker 2021 [Archived] Energy consultations tracker 2020 [Archived] Energy consultations tracker 2019 [Archived] Energy consultations tracker 2018 [Archived] Energy consultations tracker 2017 [Archived] Energy consultations tracker 2016 [Archived] For our tracker setting out the anticipated future dates of major policy/regulatory announcements in the Great Britain (GB) energy market, see Practice Note: Great Britain energy market—policy and policy implementation tracker... For details on the current status and most recent developments of key consultations carried out...

The statutory framework Generally, the statutory regime governing private sector occupational pension schemes under Scots law mirrors that applicable across the rest of the UK. That said, the foundational trust law on which most private sector schemes rest is not the same, as Scotland has its own distinct trust legislation and a separate body of case law. The Scottish court structure operates wholly apart from the English system, and although English decisions on pension matters can be helpful in addressing particular questions, they do not bind the Scottish courts. Variations in several other branches of law can also shape how pensions law is interpreted and how practice is carried out. These divergences may affect both legal analysis and day-to-day administration. Application of legislation, guidance and other policy in Scotland When advising on pension schemes governed by Scots law, it is important to verify that any cited legislation in fact extends to Scotland. A comparable approach is required for guidance and policy: there will be occasions when it...

A: General information Review date: [Insert date]. Reviewer(s): [Insert name]. Role: [Insert position, eg COLP]. B: Data 1 Rolling data Past [insert period]: issued — [Insert number]; released — [Insert number]. Past 12 months: issued — [Insert number]; released — [Insert number]. 2 Snapshot data Open non‑routine undertakings — [Insert number]. Value of open non‑routine undertakings — [State financial value]. C: Review and findings Undertakings Register up to date? Yes/No. If no, add action in D. Staff following processes for routine/non‑routine issuing and accepting? Yes/No. If no, add action in D. Any undertakings not released? Yes/No/Not applicable. If yes, give details and add action in D. Patterns or trends? Yes/No. If yes, summarise. Any compliance failures? Yes/No. If yes, describe and confirm Compliance failure policy followed. Training needs? Yes/No. If yes, outline and add action in D. Remedial steps to improve undertakings systems needed?...

[ INSERT NAME OF INVESTMENT BANK ] Minutes of the meeting of the board of directors of [ insert name of investment bank ] (the ‘ Company ’) convened at [ insert location ] on [ month ] [ year ] at [ time ] am/pm. PRESENT: NAME POSITION ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ IN ATTENDANCE: NAME POSITION ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ [APOLOGIES FOR ABSENCE RECEIVED FROM: ................................ ................................] 1 Chairperson [ Name ] was appointed to chair the meeting. 2 Notice and quorum The chairperson confirmed that proper notice had been issued for the meeting and that a quorum was in attendance. Accordingly, the chairperson declared the meeting duly open...

[ Insert name of company adopting the unapproved option plan ] (the Company)—[ insert Company number ] Minutes of a meeting of the [ remuneration committee of the ] board of directors of the Company convened at [ insert place of meeting ] on [ insert date of meeting ] at [ insert time of meeting ]. Present [ insert name of director to be Chair ] (the Chair) [ insert names of directors present ] In attendance [ insert names of those in attendance ] Apologies [ insert names of directors who are unable to attend meeting ] 1 Notice and quorum [ insert name of Chair ] assumed the position of Chair for the meeting. It was noted that due notice of the meeting had been given in accordance with the Company’s articles of association (the Articles) and that a quorum was present. The Chair therefore...