Qualification meaning

When advising an administrator appointed over a company, it is usual, shortly after their appointment, for the administrator to instruct a solicitor to review the appointment papers and the surrounding circumstances and to issue a letter confirming that the appointment is valid. This confirmation provides the administrator with assurance that they are acting properly going forward. If it later transpires that they were not validly appointed, a creditor, one of the directors, or the company may bring a challenge. For further information on how to make an appointment, see Practice Notes: Out-of-court administrator appointments—who can appoint and in what circumstances? Out-of-court administration appointments by a company or its directors—the procedure Out-of-court administration appointments by a QFCH—the procedure Court appointment of administrators—who can apply and in what circumstances? How to file for administration out of court opening hours Where there is a defect in the appointment or in the administrator’s qualification, any acts already carried out by the administrator...

Debt relief orders Debt relief orders (DROs) are a bankruptcy alternative, governed by sections 251A–251X and Schedule 4ZA of the Insolvency Act 1986 (IA 1986), and by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Pt 9. A DRO shields a debtor from liabilities by staying any further legal steps without the court’s leave and, after twelve months, releases the debtor from those debts. The key distinction from bankruptcy is scope: DROs apply only to individuals with no meaningful assets and no income beyond what is required for their reasonable needs, and there is no regime for collecting, realising or distributing the debtor’s estate, on the footing that there will be nothing to share. As explained in R (on the application of Payne) v Secretary of State for Work and Pensions, DROs are “a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt.” For more detail, see Practice Note: Debt relief orders (DROs)...

Request for Information (RFI) Before launching a formal tender for outsourced information technology services, organisations commonly seek essential details from prospective suppliers. This is usually achieved by circulating a Request for Information (RFI) to multiple providers. A company might deploy an RFI to clarify the solution it aims to procure, or as a market‑warming step to test supplier appetite for the engagement. More often, the RFI’s chief purpose is to shortlist suppliers, after which a fuller Request for Proposal (RFP) or an Invitation to Tender can be issued. An RFI should be crafted to draw out a set of standard data about the supplier, including its corporate make‑up and international footprint, together with details of the supplier’s experience and typical service catalogue. High‑level pricing indications can also be requested. The extent of detail sought will depend on both the complexity of the services to be outsourced and the company’s own clarity about what it expects from its outsourcing partner...

Checklist This checklist explores the actions a buyer’s solicitor ought to take during due diligence to deal with matters arising from the property’s physical state and the surveyor’s findings, as part of the investigation. Although this Checklist refers to the buyer’s solicitor, equivalent considerations apply to a tenant’s solicitor acting on the grant of a new lease, and to a borrower’s solicitor involved in the financing or refinancing of property. A solicitor is not qualified to advise on the state or the value of a property, and the report on title prepared for the buyer by the buyer’s solicitor should include a qualification to that effect. If the survey or valuation identifies any issues with the property, the buyer may wish to negotiate a reduction in the price or to include an obligation in the contract requiring the seller to remedy the matter prior to completion. Has the buyer’s solicitor advised the buyer to commission a survey? A buyer’s solicitor should always advise the buyer to have the property...

In this issue: Copyright & associated rights Trade marks/passing off Patents General IP LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights IPO confirms approach for foreign artists’ public performance rights The Intellectual Property Office (IPO) has released its response to an early‑2024 consultation on how best to ensure overseas performers and producers receive the public performance rights (PPR) payments due when their sound recordings are broadcast or played in public in the UK. Historically, UK law’s treatment of this right did not fully mirror the nation’s international commitments. After the consultation and engagement with industry stakeholders, the government has chosen Option 0A. Under this approach, targeted adjustments will be made to the criteria for foreign performers’ PPR eligibility, extending PPR to foreign performers where the producer of the recording of their performance is a UK national or...

In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...

In this issue Key developments UK immigration control: how it works Students Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Latest Q&A Key developments Future developments—Immigration calendar Note that our Immigration calendar highlights key forthcoming developments for business immigration advisers. UK immigration control: how it works Home Office tables Border Security Bill amendments to expand IAA powers The Home Office has proposed changes to the Border Security, Asylum and Immigration Bill to strengthen the Immigration Advice Authority (IAA)’s regulatory and enforcement remit. The measures are designed to combat unlawful activity, address poor-quality immigration advice by regulated bodies, and secure redress for victims. These powers will be open to appeal before the First Tier Tribunal (FTT). Details of the new regulatory powers are covered in this news item. See: LNB News 07/05/2025 41. House of Commons details progress of the Border Security, Asylum and Immigration Bill ...

STOP PRESS: The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) secured Royal Assent on 26 October 2023. Its objective is to strengthen corporate transparency in the UK, primarily via Companies House reform and amendments to provisions of the Companies Act 2006. The Act also looks to modernise the regime for limited partnerships and confer stronger powers to address economic crime. ECCTA 2023 will be commenced in stages. Several provisions commenced on 4 March 2024 and may affect this content. For further details, see Practice Notes: Implementation of the Economic Crime and Corporate Transparency Act 2023 and The Economic Crime and Corporate Transparency Act 2023—tracker, especially the legislation and consultation tracker. Rules and guidance The statutory requirements for the annual accounts of limited liability partnerships (LLPs) that meet the micro-entity threshold (a subset of small LLPs) are contained in: Part 15 of the Companies Act 2006 (CA 2006) The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008,...

This new starter guide introduces copyright law and signposts further Lexis+® UK materials offering fuller coverage. It is for trainee solicitors and anyone new to copyright. Information on other intellectual property (IP) rights, including additional starter guides, appears in Practice Note: Intellectual property (IP)—new starter guide. Where topics fall outside this guide, consult the two Copyright subtopics: Copyright & associated rights transactions and management Copyright disputes For summaries of these areas, see: Copyright & associated rights—overview and Copyright disputes—overview. The guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact the LexisAsk team. Introductory materials For an introduction to copyright law, see Practice Notes: Copyright—subsistence and qualification Copyright—protectable works Copyright—authorship and ownership Duration of copyright Copyright infringement Copyright—secondary infringement Copyright—permitted acts and defences Protecting copyright—training materials Protecting copyright—training materials comprise template PowerPoint slides that can serve as the basis for...

This Practice Note clarifies that a local housing authority (LHA) may allocate housing accommodation as it thinks suitable, reflecting the needs of the local community, set out within a published allocation plan. When an application is submitted, it must be examined and a determination reached by applying the published allocation criteria. An applicant is entitled to seek a review of refusals and to be told the outcome on review together with the reasons for it. It also identifies when a challenge is governed by statute, and when it ought to be brought by judicial review. Applications for housing—decisions An LHA is required to assess every application for the allocation of accommodation made in line with the procedural requirements of its allocation scheme. So long as it is evident that proper consideration has been given, the court is unlikely to disturb the LHA’s approach. In R (on the application of Heaney) v Lambeth Borough Council, Collins J rejected the claim for judicial review on the basis that the LHA’s...

ARCHIVED: This Precedent has been archived and not maintained. From 1 September 2021, candidates may qualify through the training contract route only if they satisfy the SRA’s transitional requirements. Otherwise, qualification must be via the Solicitors Qualifying Examination (SQE). For information, see Practice Note: The Solicitors Qualifying Examination (SQE). [ Subject to contract ] Dear [ insert name of trainee solicitor ] Further to [ your interview on [ insert date ], ] I am pleased to confirm the Firm’s offer of employment as a trainee solicitor, subject to the conditions outlined below. [ If accepted, this offer will be formalised in OR I attach ] [ our standard recognised training contract ] (the ‘Training Contract’), and, where any inconsistency arises, its terms will take precedence over the details set out below. Terms of offer The principal terms of our offer are: to provide recognised training for you in accordance with the SRA Standards and Regulations (the ‘Standards and Regulations’) [...

Definitions (General) Competent Authority • any body with jurisdiction in respect of the Property, or its occupation or use; Restricted Period • any span [ exceeding [ number ] [ continuous ] weeks ] within the Term during which a Pandemic Restriction is in force; Pandemic Restriction • any Legislation, or any direction of, or guidance issued by, a Competent Authority which: (a) derives from [ COVID-19 or the occurrence of any other OR any ] national or local pandemic disease; and (b) bans, impedes or limits: (i) the Tenant from [ fully ] [ trading at the Property OR using [ more than [ number ]% (measured by floor area) of ] the Property for the Permitted Use ]; [ and OR or ] (ii) more than [ number ] per cent of the [ other OR following ] tenants in the Centre from trading [ , namely [ identify relevant tenants ] ] . 1 Qualification to keep open covenant...

ARCHIVED: This Precedent is archived and is no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in force...

A well-known problem amongst procurement professionals A widely recognised headache for procurement practitioners arises from the duty in regulation 53 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (PCR 2015, SI 2015/102, reg 53). It requires the ‘procurement documents’ to be accessible at the time a public contract is advertised in the Official Journal of the European Union (the Official Journal, or OJEU). In essence, contracting authorities must use the internet to provide unrestricted, complete and immediate access, at no cost, to those documents from the day a notice, issued under regulation 51, appears in the Official Journal, or from the day an invitation to confirm interest is dispatched. The issue most often raised, particularly for public procurements run under the restricted procedure (and comparable routes that involve a pre-qualification phase ahead of the award stage), is whether the invitation to tender and the specification must already be available when the contract notice is published in the OJEU. Timing this disclosure often proves challenging for contracting authorities...

Trustees frequently seek to limit personal liability when entering a deal (here, a transfer). Whether a purchaser agrees is subject to negotiation. In this scenario, the exposure for the second trustee appears slight, as they are disposing of just one asset, so they might be willing to abandon that condition. The purchaser must be satisfied that the trustee has been properly appointed and is authorised to give a valid receipt for the sale monies so that any equitable interests are overreached...

Duty to participate in education and training until age 18 in England Sections 1 and 2 of the Education and Skills Act 2008 (ESA 2008) impose a duty on individuals in England to take part in education or training where they: are beyond compulsory school age have not yet turned 18, and have not achieved a ‘level three qualification’ (two A-levels, or other broadly comparable qualifications) Accordingly, anyone whose highest attainment is at level 2 must remain in education or training until they reach 18. This duty can be satisfied by the person choosing to: be in suitable full-time education or training participate in training under a contract of apprenticeship or an apprenticeship agreement, or be in full-time employment and undertake sufficient relevant education or training during each relevant period (as defined) Note that ESA 2008, ss 19–39, which would place specific obligations on employers of employees to whom the participation duty...