What does Compulsory acquisition mean? In M&A practice, compulsory acquisition is the statutory “mop‑up” of minority shareholdings after a takeover offer, enabling an offeror to force the purchase of non‑assenting shareholders’ shares (squeeze‑out) and allowing remaining shareholders to require the offeror to buy their shares (sell‑out), in each case on the same terms as the offer. In the UK, the regime is set out in Companies Act 2006, sections 974–991. Squeeze‑out rights arise where the offeror has acquired, or agreed to acquire, at least 90% of the shares to which the offer relates and, if relevant, at least 90% of the voting rights...
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The Planning Act 2008 (PA 2008) brought in development consent orders (DCOs) for Nationally Significant Infrastructure Projects (NSIPs). Under this regime, Compulsory acquisition powers can be authorised within a DCO, removing the need to obtain standalone compulsory purchase order powers for such NSIPs (this position applies to development in England. For schemes in Wales, where compulsory acquisition is needed for associated development, a separate compulsory purchase order must still be promoted). This Practice Note reviews the examination of compulsory acquisition provisions by the Examining Authority for the DCO (ExA), the steps after the Secretary of State decides to make a DCO including compulsory acquisition powers, awards of Costs, the implementation of compulsory acquisition powers, and material change applications. See also Practice Notes:
In essence, scrutiny of the compulsory acquisition provisions proceeds by way of written questions from the ExA and replies from the applicant and any parties who have made representations. Those whose land is to be affected by the proposals set out within draft DCO documentation the...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...