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It is important to establish whether or not the land is or may be contaminated: to comply with the Law Society’s practice note on contaminated land—see Practice Note: Land contamination—Law Society practice note on contaminated land; because it could present a risk to human health; and because a buyer may face a statutory requirement to remediate under the Environmental Protection Act 1990, Pt IIA. While Pt IIA is intended as a last-resort mechanism (with remediation far more often secured through planning conditions when contaminated land is brought forward for (re)development), if liability under Pt IIA is imposed the cost of necessary clean-up can be very significant. The Law Society’s practice note advises that, when acting for a buyer, mortgagee or tenant, a solicitor should—unless instructed otherwise—undertake a CON 29 ‘Enquiries of local authority’ and an LLC1 ‘Requisition for local land charges search’ to establish whether the local authority has designated the land as contaminated. The acting solicitor should also ensure that...
The Criminal Justice Act 2003 (CJA 2003) Under the Criminal Justice Act 2003 (CJA 2003), a different route for commencing criminal proceedings in England and Wales was established. In place of laying an information before a justice of the peace to obtain a summons securing the defendant’s attendance, this approach requires public prosecutors to issue a written charge and serve it on the defendant and the court, together with a requisition directing the person to attend a magistrates’ court to answer the written charge. See Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Only public prosecutors authorised under CJA 2003, s 29(5) are permitted to commence criminal proceedings by this means. The table below sets out those public prosecutors who must now proceed by using the written charge and requisition or a single justice notice procedure...
This overview sets out and contrasts key provisions of the Companies Act 2006 (CA 2006) concerning members’ rights at general meetings (GMs), including annual general meetings (AGMs). For fuller guidance, see Practice Note: General meetings (including AGMs)—members’ rights. Requisition a GM and include proposed text of a resolution to be moved (CA 2006, s 303) Applicable companies: All companies. Meeting type: GM. Voting requirement: Minimum 5% of paid-up capital with voting rights at the meeting. Limits: The request must outline the general nature of the business and may set out the wording of a resolution that can properly be proposed. Requests can be sent in hard copy or electronically and must be authenticated. A resolution cannot be moved if it is ineffective, defamatory, frivolous or vexatious. Action: Directors must convene a GM within 21 days, with the meeting held no later than 28 days after notice (CA 2006, s 304). If directors do not comply, members may call the meeting within three...
Context The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 (HiA 1980). The making and confirmation of a compulsory purchase order (CPO) is usually regulated by the Acquisition of Land Act 1981 (ALA 1981). See Practice Note: Sources and limits...
The provisions governing the format of indictments and the process for their preparation and adoption are set out in the following: the Indictments Act 1915 (IA 1915) section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (AJ(MP)A 1933) Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pts 3, 10 and 25 For details on what an indictment must include, its structure, how to address defects, and the process for amendments, see Practice Note: —content, form, defects and amendments. What is an indictment? An indictment is the official document listing the charges against a defendant, which is preferred (formally served) in the Crown Court. It is a different document from the written charge or information produced by the prosecution to commence a case in the magistrates' court. See Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice. It is traditionally drafted by the prosecutor, for...
This Practice Note outlines the key categories of security a lender may seek in a ship finance transaction. The principal security is a first‑priority mortgage over the vessel; however, subject to the circumstances of the specific financing, the lender might also require some or all of the following: assignment of insurances, income and any requisition compensation guarantee from the parent company charge on shares charge on a bank account This Practice Note applies to all vessel types commonly seen in ship finance. For more on superyachts specifically, see Practice Note: Superyacht finance—taking security over superyachts. Ship mortgage The lender’s core protection is security over the ship itself; a legal mortgage enables the lender, on default, to take possession and sell the vessel. The governing law of the mortgage will be that of the state or jurisdiction of the ship’s registry...
This Agreement This Agreement is entered into on [ date ] Parties [ insert name of supplier ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at [ insert address ] (Supplier) ] [ insert name of customer ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at [ insert address ] (Customer) ] Each of the Supplier and the Customer is a party, and together the Supplier and the Customer are the parties. Background The Supplier operates a business supplying [ insert description ] to other businesses. The Customer operates the business of [ insert description ]. The parties have agreed that the Supplier will supply...
The Directors [ insert company name ][ insert company address ][ insert date ] Dear [ Directors OR Secretary ] [ insert company name ] [ Limited OR PLC ] (the Company) [ I OR WE ], the signatory/signatories, being [ a ] holder[s] of over 5% of the Company’s paid-up share capital as at the date of this notice, which carries the right to vote at general meetings of the Company, request that you arrange a general meeting of the Company to consider and, if thought fit, approve the following resolution[s]: [ ORDINARY RESOLUTION[S] [ Insert text of proposed resolution ] AND/OR SPECIAL RESOLUTION[S] [ Insert text of proposed resolution ] ] Yours faithfully Shareholder name Signature [ insert name of shareholder ] ……………………………………………………… [ [ insert name of shareholder ] ] [ …………………………………………………… ]...
This Deed is dated [ insert day and month ] 20[ insert year ] Parties [ insert name of Owner ], a company incorporated in [ England and Wales ], with registered number [ insert company number ], whose registered office is at [ insert address ] (the Owner); and [ insert name of Mortgagee ] of [ insert address ] (the Mortgagee) RECITALS (A) The Owner and the Mortgagee are parties to a loan agreement dated [ insert date ] (the Loan Agreement) [ a copy of which is attached to this Deed as Schedule 3 ], under which the Mortgagee has agreed to provide a loan of [ insert amount of loan ] to the Owner to [ re- ] finance the [ purchase OR construction ] of the m.v. [ insert name of ship ], registered as a United Kingdom ship in the Owner’s name under official number [ insert ship number ] (the Ship)...