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Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...
General meetings (including AGMs)—members’ rights—checklist The following table summarises and compares the relevant provisions of the Companies Act 2006 (CA 2006) in relation to the rights of members in relation to general meetings (GMs) (including annual general meetings (AGMs)). For more comprehensive information on the provisions see Practice Note: General meetings (including AGMs)—members’ rights. Member right Which company? Type of meeting Voting threshold Limits to provision Action to be taken by company Costs and expenses Requisition a GM and include proposed text of a resolution to be moved (CA 2006, s 303) All companies GM At least 5% of paid-up capital carrying right to vote at meeting. Request must state general nature of business to be dealt with and may include text of a resolution that may properly be moved. Request may be in hard copy or electronic form and must be authenticated. Resolution may not be moved if ineffective, defamatory, frivolous or vexatious. Directors to call GM within 21 days.Meeting to be held no more than 28 days...
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Alternative care and funding Alternative care People with needs for care and support can receive care from family members, friends and relatives in addition to or in place of help from the local authority (LA). Where LA’s consider an adult may have needs for care and support, they must provide an assessment to determine whether they have such needs. In R (Antoniak) v Westminster, the High Court clarified the meaning of ‘needs’ under Part 1 of the Care Act 2014 (CA 2014). In conducting a needs assessment under CA 2014, it is an assessment of an individual’s needs without regard to the existing help and support that they are already receiving. A need that is being met is still considered a ‘need’. See News Analysis: The meaning of ‘needs’ under the Care Act 2014 (R (Antoniak) v Westminster City Council). Where an adult has needs, and these needs meet the prescribed eligibility criteria, their LA may choose, or may have a duty, to meet those...
Parliamentary procedure Types of Bill Most Bills are Public Bills, aimed at a change the law as it applies to everyone. Most Public Bills are government Bills, introduced by ministers either as part of their planned legislative programme, or in response to events. A Public Bill introduced by an MP or a Member of the House of Lords who is not a government minister is called a Private Member’s Bill. Relatively few Private Members’ Bills become law. It is important to keep Private Members’ Bills distinct from Private Bills. Private Bills aim at changing the law in a way that only affects particular individuals or organisations, rather than changing the general law affecting everyone. Each year a number of them are promoted in Parliament by outside organisations. For example, Transport for London (TfL) promoted the Transport for London Bill, aimed at giving TfL further financial and management powers. This Bill became the Transport for London Act 2016. Other examples are the University of London Bill, promoted...
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Training materials—tax evasion facilitation The corporate offence of failure to prevent the criminal facilitation of tax evasion is created by the Criminal Finances Act 2017 (CFA 2017), which came into force on 30 September 2017. The training materials are customisable. This training pack has been prepared in PowerPoint and it therefore cannot be downloaded to Word from this page. Click to download the PowerPoint presentation. Contents • What does the law say? • Risks and red flags • Our approach • Reporting concerns • Consequences Summary This training session covers the laws and requirements you need to be aware of relating to the offence of failure to prevent the facilitation of tax evasion. Purpose of the slides This training aid consists of a pack of PowerPoint slides and accompanying ‘Speaker notes’, and has been written to dovetail with Precedent: Tax evasion facilitation prevention policy. How to use the ‘Speaker
Legal rights intimation letter Our ref: [Client - Code/Matter - Matter Code/Matter - Fee Earner Initials] Your ref: [insert ref] [insert full address] [insert date] Dear [insert name] Estate of the late [name of deceased] We are instructed in the administration of the estate of your late [mother OR father OR grandmother OR grandfather]. We act on behalf of the executor(s) who are [insert name] and [insert name], appointed by a Will dated [insert date]. You are not named as a beneficiary in the Will. However, the law of Scotland allows certain family members to make a claim on the estate, whether or not the individual concerned is named as a beneficiary in the Will. This entitlement is known as legal rights. [Where the person who has died is survived by a [widow OR widower OR civil partner] the legal rights fund which can be claimed by the deceased’s children amounts to one-third of the net moveable estate (generally speaking, all assets other than any house or land...
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In relation to the Teachers' Pension Scheme (TPS), is it correct that employees who work full-time will automatically join the TPS unless they complete a form to opt out of the TPS, however employees who work part-time will be required to complete a form to join the TPS? As explained in Practice Note: The reformed Teachers' Pension Scheme, the Teacher's Pension Scheme (TPS) is open to all teachers, both full-time and part-time. Teachers can only join the TPS if they are in pensionable employment. The regulations currently governing the TPS, the Teachers' Pension Scheme Regulations 2014 (the TPS Regs 2014), SI 2014/512, include strict provisions regarding what employments are pensionable. The TPS Regs 2014, SI 2014/512 make a distinction between two types of pensionable employment (as set out in the TPS Regs 2014, SI 2014/512, Sch 1, Pt 2 to the TPS Regs 2014, SI 2014/512, Sch 1, Pt 4): • employments pensionable on election, and • employments pensionable without
What is meant by the phrase ‘piercing the corporate veil’? A properly formed registered company is a separate legal entity from its shareholders and has separate rights and liabilities as a separate legal person. This principle is colloquially described as the corporate veil or the Salomon principle, being most famously stated by Lord MacNaghten in the case of Salomon v Salomon: The company is at law a different person altogether from the subscribers to the memorandum; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not in law the agent of the subscribers or trustee for them. Nor are the subscribers as members liable, in any shape or form, except to the extent and in the manner provided by the Act. A company, as a separate legal entity, continues to exist irrespective of changes to its membership. It owns its...
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Law360: An ad hoc committee on 22 January 2025 declined to annul an arbitral award now worth more than US$8.5bn issued to ConocoPhillips in a 17-year-old dispute initiated after Venezuela nationalised three of the oil giant's projects, completely rejecting the country's challenge in a sweeping 356-page decision.
Private Client analysis: This forms another in a list of cases where HMRC have successfully challenged a claim for BPR in property based businesses. The deceased was running a wild fisheries business from 27 acres of land including a river and tributaries. The claim also covered 2/7 of her home, on the basis this was used to run the business and host customers. She ran the business for 17 years following her husband's death, and worked long days to maintain the river and banks and manage the bookings and activities. However, the court held that the nature of the non-investment services did not prevent the usual characterisation of the business, being one whose income was derived from property, as being that of an investment business. Significant additional services, such as catering, tuition, or equipment hire are noted as hypothetical points that may have changed the outcome. Written by Robert Davies, managing associate at Foot Anstey LLP.
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