What does Capital value mean? In practice, capital value describes the lump‑sum price a property or land interest would command, i.e. its market value on sale, as distinct from its periodic rental value. It is a descriptive valuation term used across conveyancing, secured lending, financial reporting, probate, tax and compulsory purchase. Statutes in the UK and Ireland typically refer to “market value” rather than “capital value”; valuers therefore assess capital value in line with market value principles (commonly the RICS Valuation – Global Standards), using comparable sales, yields and development assumptions, and reflecting whether the interest is with vacant possession or subject to lease. Usage...
Read More
Where a testator holds a stake in a business, this will often represent their chief asset (aside from the family home), whether judged by capital worth or by its role in producing income. It demands careful planning so the testator has addressed what should occur to the business on their death. The right route for passing on that interest turns on several factors, notably the business structure (for example, whether it is incorporated or not). If the business is set up as a company, a management framework may already exist that can keep operations going for the estate’s benefit. For an unincorporated venture, there is uncertainty about whether it can in fact continue after the testator’s death (and similarly this may apply even to a company where the testator effectively runs it alone). If it is a Partnership, it might carry on with other partners at the helm; however, where it is a sole enterprise, the Goodwill and know-how are bound up with the testator, and so this poses obvious difficulties for any continuation of the business after the testator’s death, raising doubts about ongoing operation, management, and whether trading can proceed without their personal goodwill and expertise...
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 ]...