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Joint and several liability arises where two or more persons under the same contract make a promise to the same person, and at the same time each of them individually makes the same promise to that same person.
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Landlord consent to assignation—Scotland—checklist This Checklist sets out the issues that should be considered by a tenant (assignor) of a commercial lease in Scotland. It sets out when landlord consent to assignation is required, whether the landlord is obliged to act reasonably in granting such consent, the form of the consent and assignation and issues that both parties and the assignee should consider in relation to the landlord letter of consent to assignation and the assignation itself. Assignation transfers to the assignee the tenant's (assignor’s) interest in the lease from an agreed date until the termination of the lease. It entitles the assignee to possess the premises on the same terms as the assignor, see: Nature of assignation: Stair's Laws of Scotland (Stair Memorial Encyclopaedia) [290]. A style letter of consent to assignation and a style assignation can be found at the Property Standardisation Group (PSG): PSG Leases—Management Documentation. Must the assignation be in writing? From 1 August 1995, a written document subscribed to by the assignor is required for...
Charges to income tax—tables These tables set out: • the charges to income tax in each of the seven categories of income tax • the person who is liable to pay that charge, and • the legislative provisions that are relevant to that charge Employment income Name of charge Person liable Legislative provisions General earnings Person to whose employment the earnings relate ITEPA 2003, ss 6, 7, 13, Pt 3 Specific employment income Person in relation to whom the income counts as employment income ITEPA 2003, ss 6, 7, 13 Pts 6, 7, 7A Pension income Name of charge Person liable Legislative provisions UK pensions Person receiving or entitled to the pension ITEPA 2003, ss 569–572A Foreign pensions Person receiving or entitled to the pension ITEPA 2003, ss 573–576A UK social security pensions Person receiving or entitled to the pension, benefit or allowance ITEPA 2003, ss 577–579 Pensions under registered pension schemes Person receiving or entitled to the pension under the registered pension scheme ITEPA 2003, ss 579A–579D...
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ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction and is dependent on the intention of the parties as evidenced in the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were served on Rhinegold Ltd, and a related company, Tannhauser Ltd, in the sums of approximately £22,000 and £31,000 respectively. A settlement agreement was subsequently entered into under which the parties agreed to pay the amounts due, but Tannhauser failed to fully do so. Although the settlement agreement was silent on the question of liability, the High Court held that on a proper construction of the agreement, the parties were jointly and severally liable. Rhinegold was therefore required to pay the outstanding sums owed by Tannhauser.Joint liabilityJoint liability arises where two or more persons jointly promise...
Case C- 617/13 P Repsol Lubricantes y Especialidades and Others v Commission (Spanish bitumen cartel) [Archived] CASE HUB (date of judgment—09/06/2016) See further: timeline, commentary and related/relevant cases Case facts ARCHIVED—this archived case hub reflects the position at the date of the decision of 9 June 2016; it is no longer maintained. Outline Appeal brought against the judgment of the General Court upholding the Commission decision of 3 October 2007 finding an infringement of Article 101 TFEU and imposing a fine of €80.496m on Repsol for its alleged participation in a price-fixing and market/customer allocation cartel concerning the supply of bitumen in Spain between 1991 and 2002 ('Spanish bitumen cartel'). On 9 June 2016, the Court of Justice dismissed the appeal in its entirety—in particular, confirming that the Commission (and the General Court in subsequently approving the Commission approach) had correctly interpreted the Leniency Notice in regards to the requirement to provide 'facts previously unknown to the Commission' in order to benefit from partial immunity. ...
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Contract for sale of a portfolio of properties date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Seller) 2 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Buyer) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; [Arrears • the amounts (including VAT for which the Seller must account to HMRC) due to the Seller from the Tenant[s] up to and including the Actual Completion Date, but...
Contract for sale—leasehold vacant possession conditional on landlord’s consent DATE [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Seller) 2 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Buyer) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; Buyer’s Solicitors • [name] of [address] (reference: [details]); [Charge[s] • the charge[s] appearing at entry [number] [and [number]] in the charges register of title number [title number] at...
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A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both companies as joint employers. At present, the employees are employed by only one of those companies. Will this give rise to a TUPE transfer, or is this simply a change to the employees’ terms and conditions? Should one of the companies decide that it no longer wishes to be a joint employer in the future and the employees move back to being solely employed by one of the companies, will this give risk to a TUPE transfer, or is this simply a further change to the employees’ terms and conditions? It is sometimes the case that an employee can have more than one employer, and their contract of employment makes clear that this is the case. Joint employment should be distinguished from arrangements such as secondments, where the sole employer lends their employee’s services to a third party, or from sole employment where the terms of...
Can joint liability be implied into a contract? Meaning of joint, several and joint and several liability For details on the meaning of the terms joint, several and joint and several liability and how such liability is established under a contract, you may find useful Practice Note: Joint, several, and joint and several liability and Precedent: Joint and several liability clause and the associated Drafting Notes. Privity of contract 'Privity of contract' is a common law doctrine, which provides that you cannot either: • enforce the benefit of, or • be liable for any obligation under a contract to which you are not a party. Therefore, if an individual legal entity is not a party to a contract (ie they are a third party) then they cannot sue or be sued
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This week's edition of Property Disputes weekly highlights includes: a Privy Council decision dismissing a counterclaim for possession of a 50% interest in a property because the claim was limitation barred and there were insufficient factual findings to establish deliberate concealment, a First-tier Tribunal finding that it was just and equitable to make remediation contribution orders for costs incurred in remedying fire safety defects and the Ministry of Justice’s announcement regarding plans to publish names of claimants of money judgments on the Register of Judgments, Orders and Fines. It also includes the Master of the Rolls’ speech on AI adoption in the legal profession, the partial coming into force of the Civil Procedure (Amendment) Rules 2025 on 6 April 2025, the House of Lords’ second reading of the Renters’ Rights Bill and the Law Society comments on the Bill.
This week's edition of Construction weekly highlights includes a case in which the First-tier Tribunal made remediation contribution orders against various companies for costs incurred in remedying fire safety defects at Vista Towers (Grey GR v Edgewater), analysis of a case in which the Supreme Court considered whether parties had varied an existing building contract or rescinded and replaced it with a new one (R v Revenue and Customs), commentary on the practical implications arising from the designation of data centres as critical national infrastructure, the Department for Environment, Food and Rural Affairs (Defra)’s announcement of measures to accelerate the development of offshore wind projects in the UK, and the publication of guidance from the Department for Business and Trade (DBT) on product marking and EU recognition requirements for the Great British (GB) market.
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