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The question Take, for instance, an impugned decision made on 1 January. If you file on 1 April 2022, are you in time, or do you need to file by 31 March? The short answer It is very likely that the ‘corresponding date rule’ applies, so a JR of a decision taken on 1 January must be lodged on or before 1 April. The long answer What is the ‘corresponding date rule’? Put briefly, the rule treats “three months after” 1 January as 1 April. Lord Diplock explained this in Dodds v Walker [1981] 1 WLR 1027, [1981] 2 All ER 609. The case concerned the time limit in section 29(3) of the Landlord and Tenant Act 1954 (LTA 1954), which required an application to be made “not less than two nor more than four months after the giving of the landlord’s notice”. The landlord’s notice was given on 30 September of the relevant year, and the application was made on 31 January the...
In this issue: Corporate governance Private equity Members Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Corporate governance FRC launches consultation on revisions to Going Concern guidance The Financial Reporting Council (FRC) has opened a consultation on updates to its guidance on the Going Concern Basis of Accounting and Related Reporting, including Solvency and Liquidity Risks. When finalised, the new guidance will replace the version issued in 2016. The draft aims to support companies in producing high-quality, company-specific disclosures on their going concern conclusions and the rationale behind them. The guidance will be non-mandatory, intended as a practical and proportionate aid for all UK companies within scope. The consultation closes on 28 October 2024, and the FRC expects to publish the final guidance in early 2025. See: LNB News 06/08/2024 Private equity PERG and BVCA launch consultation to update Walker Guidelines The Private Equity...
In this issue: Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Insolvency—Private Client Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts Chancery Division finds trust was legally constituted (Hilton v Woolfe) In a probate dispute concerning management of the Rutland Trust, created under the will of John Keeling Walker, the Chancery Division determined that the trust took legal effect on the grant of probate dated 30 August 2002. At that point, Vicki Walker and Mr Ian Neal became the first Rutland Trustees. The court also...
UKCG Code, UK Listing Rules and DTRs The UKCG Code applies to companies that hold a listing of equity shares in the equity shares (commercial companies) category, whether incorporated in the UK or elsewhere, and it sets out provisions on the establishment of committees of the board. It requires the creation of an audit committee, and it also envisages that, in particular circumstances, companies with a listing of equity shares in the equity shares (commercial companies) category may wish to establish a separate risk committee. For further guidance on audit committees, see Practice Note: The audit committee. Under the Financial Conduct Authority (FCA) UK Listing Rules (UKLR), all companies with a listing of equity shares in the equity shares (commercial companies) category are required either to comply with the provisions of the UKCG Code or to explain to shareholders in their next annual report why they have not done so, reflecting the 'comply or explain' principle...
Overview Section 31 of the Senior Courts Act 1981 (SCA 1981) sets out the remedies available on an application for judicial review which a court may grant. The list includes the following: quashing orders mandatory orders prohibiting orders declarations damages (including restitution or recovery of a sum due) injunctions/interim remedies Under CPR 54.6, the claimant is required to state, in the claim form, any remedy being sought. By virtue of SCA 1981, s 31(1), the remedies can be claimed in the alternative, or as cumulative options in addition to each other. For further information and discussion, see: Combining prerogative orders: Supperstone, Goudie and Walker on Judicial Review [16.2]. In this context, a conclusion that a judicial review has succeeded is not, as a general rule, sufficient finally to dispose of a claim (see R (LND1) v The Secretary of State for the Home Department at para [61]). Remedial discretion in judicial review It is a fundamental...
STOP PRESS: In 2024, the Financial Reporting Council (FRC) initiated a review of the UK Stewardship Code. The opening phase centred on targeted outreach designed to test whether asset managers, asset owners and other signatories are using the current Code in ways that deliver stronger stewardship outcomes through engagement with issuers across all asset classes in particular. Acting on the feedback received, the FRC introduced measures to lighten the reporting burden for signatories to the UK Stewardship Code, with those changes coming into force on 31 October 2024. The second phase took the form of a public consultation, which was launched on 11 November 2024 and closed on 19 February 2025. A revised UK Stewardship Code was published on 3 June 2025, with implementation and the first reporting cycle planned for 2026 thereafter. For further information, see LNB News 27/02/2024 16, LNB News 22/07/2024 31, LNB News 11/11/2024 28 and LNB News 03/06/2025 46. The UK Stewardship Code traces its origins to Sir David Walker’s final review of corporate...