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Checklist This Checklist outlines the actions a qualifying floating charge holder (QFCH) must follow to appoint an administrator through the out-of-court route. Several criteria should be verified before the QFCH proceeds to appoint an administrator using the out-of-court procedure. Guidance can be found in the following Practice Notes: Out-of-court administrator appointments—who can appoint and in what circumstances? Out-of-court administration appointments by a QFCH—the procedure For guidance on how a QFCH may appoint an administrator outside of court opening hours, see Practice Note: How to file for administration out of court opening hours. Notice of intention to appoint A QFCH must provide a minimum of two business days’ notice to any prior-ranking QFCH, unless that prior-ranking QFCH gives written consent to short notice. For service requirements, refer to the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Sch 4, para 1. Time (days): Day one Section/rule: Insolvency Act 1986, Sch B1, para 15(1); IR...
How to use this Checklist Use this checklist to identify recurring points when preparing long- or short-form IPR licences in an asset purchase. Read with the Intellectual property licence (asset purchase) precedents (long/short). For assignments, see the corresponding precedents and checklist. For particular rights, consult the copyright, design, patent and trade mark precedents and checklists. See Practice Notes on licensing/sub-licensing IPRs, software licensing, know-how, and IP tax. May inform heads of terms; see Heads of terms—commercial contracts. Checklist for proposed licence of intellectual property rights (asset purchase) (A) Key commercial considerations Parties/relationship: status, authority, beneficiaries/guarantees, arm’s length, contingencies, documents. Timing: start date, term, notice, conditions precedent, early termination and effects. IPRs: types; scope (registered/unregistered, applications, renewals, improvements); exclusions/third-party IPRs; moral rights; ownership; exclusivity; transfer/sub-licensing; territory; use and purpose. Pricing: fees/royalties/expenses; ancillary costs and IPO registrations; VAT/taxes; price changes; invoicing/payment; escrow for critical software; formalities. (B) Other standard legal terms and conditions Liability and termination; warranties/indemnities...
The Mayor and Commonality and Citizens of The City of London v 48th Street Holding Ltd and another company [2025] EWHC 1130 (KB) What was the background? The second defendant (‘POLL’) traded in devising rate mitigation schemes (the RMS) for empty premises for third parties. The first defendant, 48SHL, implemented one such arrangement and relied on it as a defence to a claim for non‑domestic rates. Under the arrangement, once relevant property fell vacant, section 45(1) of the Local Government Finance Act 1988 together with the Non‑Domestic Rating (Unoccupied Property) (England) Regulations 2008, SI 2008/386, regs 3 and 4a, operated to confer an exemption from liability for unoccupied rates for three months and, on the expiry of that three‑month period. To facilitate this, 48SHL granted POLL a lease of the premises and, at the same time, served a break notice bringing the lease to an end six weeks after the grant. This was done to demonstrate occupation by POLL for the scheme’s purposes...
In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Public procurement Constitutional and administrative law Judicial review Equality and human rights State security and intelligence Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights NIO publishes Terms of Reference for Independent Review of Windsor Framework The Northern Ireland Office has released the Terms of Reference for an Independent Review of the Windsor Framework, as required by Schedule 6A to the Northern Ireland Act 1998. Initiated after a consent motion cleared the Northern Ireland Assembly without cross-community endorsement, the review will consider how the Framework is working and its influence on social, economic and political life in Northern Ireland. It is consistent with undertakings in the October 2019 Unilateral Declaration and the January 2024 Safeguarding the Union Command Paper. The resulting findings will be submitted to the UK Government, supplying vital...
In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Financial crime and sanctions Consumer protection Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Dispute resolution for financial services lawyers Regulation of derivatives Sustainable finance and ESG Banks and mutuals UK MiFID II EU MiFID II Consumer credit Regulation of insurance Payment services and systems Fintech and cryptoassets LexTalk®Financial Services: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary UK, EU and international regulators and bodies FCA publishes Handbook Notice No 135 The Financial Conduct Authority (FCA) has issued Handbook Notice No 134, outlining amendments to the FCA Handbook and related materials approved by the FCA board on 27 November 2025. See: LNB News 28/11/2025 48. ESMA sets out planned consultations for...
This Practice Note offers an overview of industrial action, covering what it is, picketing, the right to take industrial action, unlawful forms of industrial action, balloting for, and employer notification of, industrial action, and trade union liability. It also provides guidance on industrial action for employers and for employees. What is industrial action? Industrial action occurs when workers act together (ie collectively) against their employer because of a workplace dispute. It may take the form of a strike—which section 246 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) generally defines as ‘any concerted stoppage of work’—but can also involve measures short of a total stoppage, such as: a ‘go-slow’ (ie workers take longer than usual to finish tasks) work-to-rule (ie workers do only what their contract requires and no more) an overtime ban (ie no overtime is worked) a call-out ban (ie workers refuse requests to work outside scheduled hours) Industrial action sits at the...
Farm business tenancies Farm business tenancies took effect on 1 September 1995 under the Agricultural Tenancies Act 1995 (ATA 1995). They mark a clear break from the framework that applies when a tenancy of an agricultural holding is protected under the Agricultural Holdings Act 1986 (AHA 1986). While AHA 1986 is highly prescriptive about what constitutes a tenancy of an agricultural holding, ATA 1995, in most respects, allows the landlord and the tenant to negotiate freely on almost all matters. Nevertheless, some rules are mandatory and cover: rent (ATA 1995, Pt II) compensation (ATA 1995, Pt III) removal of tenant's fixtures (ATA 1995, s 8) The AHA 1986 and ATA 1995 regimes cannot overlap, so it is essential to identify accurately which form of tenancy applies. In addition, if the tenancy is a farm business tenancy, it cannot be a tenancy protected under Part II of the Landlord and Tenant Act 1954 (LTA 1954)...
This Practice Note examines the legal and practical outcomes of curtailing and cancelling permission to enter and remain, and their impact. It further summarises the avenues by which curtailment and cancellation may be contested. Advisers should remain alert to the different bases on which curtailment and cancellation could be impugned (for example, for procedural unfairness), so they can shape advice wherever it appears such a step might be contemplated, in any given case and at an early stage. See: The scope of judicial review challenges to curtailment and cancellation. In this Practice Note, the expressions ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. Within the Immigration Rules for simplified routes, the word ‘permission’ has replaced ‘leave’, yet the earlier term continues in other categories of stay and in the relevant legislation. Curtailment Curtailment is the process by which the Secretary of State for the Home Department (SSHD) reduces the extant permission of individuals already present in the...
Proforma checklist of documents for execution at signing and completion meetings in loan transactions This proforma checklist can be used by the lender’s solicitors to monitor, oversee and record the execution of documents at signing and completion meetings, or to be signed and circulated in escrow for closing virtually. It can be adapted for use with the relevant facility agreement. Signing is the point at which the parties execute the agreed versions of the finance documents and the deal becomes binding (albeit, in most cases, subject to certain conditions precedent being satisfied). Completion is the point at which money moves between the parties and the transaction is completed. Often, there is a gap between signing and completion which allows the parties to commit to the deal on signing but leave themselves a short period to satisfy the conditions attaching to funding. In other cases, signing and completion take place on the same day, in which case, all the conditions precedent to funding will need to be satisfied before...
This note sets out clear, broad guidance on what to do straight after a death and outlines the standard probate process for lay personal representatives and grieving close relatives. See the Probate—client guide as well. A probate practitioner can offer bespoke advice suited to your particular situation and circumstances. Coping with a loved one’s death brings numerous difficulties, emotional as well as practical. If you are a personal representative (PR) formally handling the estate—the assets and belongings of the person who has died—as an executor or administrator, you may encounter an unfamiliar role with jargon that feels odd and confusing. In the days after a death, various practical matters can arise, sometimes unexpectedly and at short notice. This guidance is designed to help you decide what requires prompt attention and what can sensibly wait for the coming weeks. Taking time off work Following the death of a dependant, you may take unpaid time away from work to organise and attend the funeral. You should tell your employer...
1 Definitions Within this Agreement, certain expressions carry specific meanings. Illustrative terms include: AA 2020: the Agriculture Act 2020; ATA 1995: the Agricultural Tenancies Act 1995 Adjoining Property: Retained Land and nearby premises; Adjoining Property Rights: rights over the Holding benefiting such land Agreement: this instrument and any supplementary or collateral document Annual Rent: yearly sum payable from the Rent Commencement Date on Rent Days Authority: any statutory, public or local body, court, government department or duly authorised officers Conduits: media and equipment for carrying energy, data or substances Costs: losses, expenses, damages and liabilities Direct Payment: any BPS Payment or SFS Payment, as applicable Eligible Holding: parts of the Holding qualifying for a Rural Support Payment Forfeiture Event: designated insolvency processes, non-payment, or breach Genetically Modified Organisms: as defined by the Environmental Protection Act 1990, including modified or derived crops Holding: the identified property shown on the Plan Insured Risks: perils the Landlord...
A Post-Employment Notice Pay (PENP) calculation It uses a set calculation that lets employers identify the taxable portion of a severance package on termination of employment when the basic salary actually paid falls short of what would have been earned had proper or full notice been worked. The method takes basic pay, multiplies it by the remaining notice days, then divides by the number of days in the relevant pay period, before deducting in full any amounts paid net of tax, except for holiday pay and termination bonuses. The requirement to perform a PENP calculation stems from reforms that took effect from 6 April 2018, making all such payments in lieu of notice chargeable to tax and national insurance...