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). This framework allows compulsory acquisition powers to be included within a DCO, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This applies to development in England; in Wales, where compulsory acquisition is required for associated development, a distinct compulsory purchase order still has to be promoted. This Practice Note addresses the focus required on the nature of land interests proposed to fall within compulsory acquisition powers, and identifies classes of land that demand special treatment from a compulsory acquisition standpoint. It also examines the meaning of ‘associated development’ and the procedure where further land, not in the original DCO application, is later identified as required for compulsory acquisition...
As with conventional compulsory purchase processes, the position under PA 2008 remains that Crown interests cannot be taken compulsorily and should therefore be expressly excluded from compulsory acquisition in the Book of Reference. See Practice Note: Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation...
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 ]...