Relative meaning

Repair under the common law Under the common law, a landlord, relative to a tenant, bears notably heavy duties regarding upkeep and repair of the leased premises, see Practice Note: Repair clauses in commercial leases in Scotland—Repair under the common law. Within commercial leasing, landlords will almost invariably aim to exclude all such common law repairing liabilities for the demised premises, though not for common areas in multi-let buildings; see Practice Note: Service charge and outgoing provisions in commercial leases in Scotland. Consequently, tenants usually shoulder substantial repair commitments. The prevalent model is the full repairing and insuring (FRI) lease, under which the tenant assumes responsibility for repairs of every kind save for damage arising from insured risks; see Practice Note: Repair clauses in commercial leases in Scotland—Contracting out of the common law—the full repairing and insuring (FRI) Lease and The modern commercial lease: Stair Memorial Encyclopaedia [466]...

Estate of [insert name of deceased] Clients: [insert names of executors/administrators] File reference: [insert file ref] The details requested in this questionnaire are needed for the application for a grant of representation. Please complete what you can, and also gather the death certificate together with any documents and passbooks, as asked for within this questionnaire. A Personal details of the deceased Copy death certificate enclosed YES / NO 1 State the courtesy title (Mr, Mrs, etc) and any professional title (eg Dr) 1.1 Provide the deceased’s full name 1.2 Provide any alternative name or names by which they were known 2 Occupation of the deceased 2.1 Was the deceased retired? YES / NO 2.2 National Insurance number 2.3 Unique taxpayer reference; please attach income tax papers 3 A Give the address of the nursing or care home (only if this was the deceased’s last address; otherwise leave blank) 3.1 B Provide the deceased’s usual...

This checklist helps practitioners grasp and consistently apply the FCA’s Consumer Duty requirements for evidencing fair value effectively. It should be considered alongside other relevant practical Consumer Duty materials and references: for information on the main elements of the Consumer Duty with general application, see Practice Note: The FCA Consumer Duty—essentials; also for a suite of sectoral guidance and checklists see: Consumer protection and FCA Consumer Duty—overview for key developments relating to the FCA’s Consumer Duty, see: The FCA Consumer Duty—timeline Background Under the Consumer Duty, four outcomes cover the central and key aspects of the firm–customer relationship. The second outcome is the Price and Value Outcome, which is concerned with an overarching obligation that products must deliver ‘fair value’ to customers. Under PRIN 2A.4: value is the relationship between the amount paid by a retail customer for the product and the benefits they can reasonably expect to receive from the product; and a product provides fair value...

The following flowchart Outlines the principal stages of estate administration, beginning with initial contact from a personal representative or a relative of the deceased, proceeding to the submission for a grant of representation, and concluding with the finalisation and closure of the matter within the file itself...

In this issue: Electricity and gas market regulation and licensing Networks and network connections Capacity Market, balancing services and energy system flexibility Oil and gas Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ publishes Secretary of State’s designation of energy codes and central systems DESNZ has released a designation notice from Secretary of State for Energy Security and Net Zero, Ed Miliband, setting his decision to designate specified energy codes and central systems as qualifying documents and central systems for the purposes of Schedule 12 to the Energy Act 2023. This designation enables Ofgem to use its transitional powers to deliver reform of energy code governance. See: LNB News 29/01/2025 44...

Ruling upholds US$11m arbitration award, offers D&O lessons Although the court’s remit was narrow—confirming a US$10.96m award for the policyholder—the judgment sets out clear expectations on how insurers and policyholders should tackle allocation disputes, how widely choice-of-law and insurability provisions can operate, and the uphill task insurers face when seeking to overturn an unfavourable arbitration result. For policyholders, it serves as a practical blueprint for advancing allocation and insurability positions in complex, multi-defendant matters. For insurers, it signals that speculative allocation theories, inflexible readings of best-efforts duties, and forceful bids to unwind arbitral outcomes are unlikely to gain traction. The arbitration arose from a high-stakes trade secrets and fiduciary duty case that Flextronics resolved for more than US$42m. Allianz resisted payment on its excess layer and pursued a multi-pronged challenge: contesting allocation, resisting the application of favourable insurability law, alleging the policyholder failed to satisfy best-efforts obligations, and moving to vacate the award on a range of procedural and substantive grounds...

PI & Clinical Negligence weekly highlights—11 January 2024 In this issue: Supreme Court decision in Paul and another v Royal Wolverhampton NHS Trust Road traffic accidents Employers’ liability Occupiers’ liability Abuse and criminal injuries Fraud and fundamental dishonesty Regulation of healthcare professionals Brexit Useful information Daily and weekly news alerts Supreme Court decision in Paul and another v Royal Wolverhampton NHS Trust The Supreme Court has delivered its Judgment in Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1, addressing whether a person may recover for psychiatric harm after observing the death or another shocking event involving a close relative resulting from earlier clinical negligence. By a six-to-one majority, the court determined that, whilst doctors owe a duty of care to protect their patients’ health, they do not owe a duty to close family members to guard them from illness arising from witnessing a relative’s death or medical crisis caused by a condition...

This new starter guide offers a primer on trade mark law, distilling the core principles and signposting numerous Lexis+® UK sources and materials for fuller detail. It is aimed at trainee solicitors and readers new to trade marks. Details of other intellectual property (IP) rights, including further starter guides, appear in Practice Note: Intellectual property (IP)—new starter guide. Where topics sit beyond this basic outline, explore the three Trade marks/passing off subtopics: Trade mark transactions and management; Trade mark and passing off disputes; Anti-counterfeiting. For concise summaries of each, see: Trade mark transactions and management—overview; Trade mark and passing off disputes—overview; and Anti-counterfeiting—overview. This guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact LexisAsk... Introductory materials Absolute and relative grounds for refusal to register a UK trade mark Managing a trade mark portfolio Trade mark infringement—UK Introduction to passing off Anti-counterfeiting in the...

A business might need to secure extra capital for a variety of purposes. It could, for example, be to finance a planned acquisition or to satisfy continuing financial commitments. There are several routes by which a company can obtain the extra funding required, including tapping existing shareholders through a rights issue, an open offer or a placing. When running a rights issue, open offer or placing, the company must carefully assess the effect on any current employee share plans it operates. This assessment should take place as early as possible in the decision-making process to determine whether, and if so what, steps can be taken so that employees are not put at an unfair disadvantage by a rights issue, open offer or placing. This Practice Note outlines the key points that typically arise in connection with employee share plans on a rights issue, open offer or placing, the steps that will usually need to be taken in relation to outstanding options and awards, and the relevant tax treatment. ...

Use of terms ‘connected’ and ‘associate’ in pensions Although initially coined within the insolvency/bankruptcy regime set out in the Insolvency Act 1986 and underlying regulations, the notions of ‘association’ and ‘connection’—together with the allied idea of ‘control’—have, over time, been adopted and applied across various parts of the UK’s pensions legislation framework for practical purposes in appropriate cases. Examples include: Moral hazard powers — the terms are employed in the moral hazard provisions of the Pensions Act 2004, in practice to assess the degree of distance or proximity of entities from sponsoring employers of occupational pension schemes, and whether such entities might be susceptible to the Pensions Regulator’s moral hazard powers, for example the issue of financial support directions and contribution notices — for further information, see Practice Notes: Contribution notices and Financial support directions Employer-related investments — the terms are used in the employer-related investment framework in relation to the capacity of trustees of occupational pension schemes to enter into dealings with the schemes’...

Request to start work during cancellation period To: [ insert your name, geographical address, telephone number, fax number and email address ]: I/we [] authorise [ insert firm’s name ] to begin work on: [ describe service ] within the 14–day cancellation period. I/we [] acknowledge and agree that, should I/we [] cancel within this 14–day period, I am/we are [] obliged to pay for the work completed on a pro‑rata basis. The charge will reflect the proportion of services actually delivered up to the point I/we [] notified you of the decision to cancel, relative to the overall scope of the contract. I/we [] also understand and accept that the right to cancel will be lost, and full payment will be due, once the contract has been fully performed (i.e. you finish the work), even if completion occurs during the cancellation period. Name of client(s): Address of client(s): [ Signature of client(s): ] Date: [] Delete...

1 Introduction 1.1 Compassionate leave exists to help you handle the death of a close family member, organise arrangements and be present at the funeral. It can also be approved when a close relative is severely or critically unwell. 1.2 This policy explains how [ enter name of organisation ] (the Company) will deal with compassionate leave and the actions you should follow if you wish to request compassionate leave. 1.3 [ The Company recognises the personal nature of bereavement and grief and is dedicated to assisting employees in practical and reasonable ways. ] 1.4 [ This policy applies only to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] and casual workers. ] 1.5 [ This policy has been [ agreed OR implemented following...

A: General information Date of annual review Person(s) carrying out the annual review B: Review and findings Are your financial management policies and procedures current and suitable for their purpose? ☐ Yes ☐ No—if No, record an action in section C below to revise your policies and procedures. Do your actual monthly and annual results align with your forecasts, particularly regarding: profit and loss? cash flow? balance sheet? (Only accept a reasonable margin of variance) ☐ Yes ☐ No If No, is a re-forecast of your financial performance required? ☐ Yes—ensure an action is set at section C below to deal with this ☐ No Are you confident that your monitoring arrangements function as intended for the following: the value of work undertaken on clients’ files (i.e. work in progress) relative to any payments on account of costs? the level of credit you extend to clients? aged debtors? time recording?...

The investment powers and duties of bare trustees It is sometimes unclear precisely where the investment powers and responsibilities of bare trustees begin and end. A bare trust arises when a trustee owns assets for a beneficiary who is of full age and has mental capacity. In strict terms, the trustee’s role is passive: to safeguard trust assets and pass them to the beneficiary as and when instructed. Yet, in reality, a trustee may agree to take on tasks beyond this remit, particularly if the trustee is a close relative of the beneficiary...

In such circumstances, the basis for relief would more probably be mistake or misrepresentation, rather than a breach of contract on these facts...