The Practical Lawyer


Security – failure to register

What is the effect of failing to register a security over property at Companies House?

For instance, suppose a company signs a legal mortgage over property which is then registered at the LR but is not registered at Companies House. Under CA 2006, if a certified copy of the security document (and the statement of particulars) are not delivered to Companies House within 21 days then the security will be void against a liquidator, administrator or any creditor of the debtor. In that situation, the security holder has two options.

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T&Cs – battle of the forms

How do you work out whether it is the buyer’s or seller’s terms and conditions that apply when a contract is made?


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Clubs – structures

The useful note from Charles Russell Speechlys summarises the various structures available for semi-professional and amateur sports clubs:

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Statutory demand – costs?

A creditor serves a statutory demand on a debtor. The debtor applies to have it set aside, and produces evidence that results in the creditor withdrawing the statutory demand. Who pays the debtor’s legal costs? 

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Construction – adjudication late claim

The Supreme Court has reached a highly unpopular decision on whether an adjudicator’s award (under the Construction Contract Regs 1998) can be challenged in the courts. The Supreme Court held that there is an inherent jurisdiction to do this, with a six-year limitation period applying. The problem is that this limitation period is longer than the limitation for the other party (who may therefore not be able to counter-claim).

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Relational contract – ‘honesty and integrity’

In many legal jurisdictions there is an overriding duty of good faith between contracting parties. But, the English courts have consistently refused to adopt such a vague and subjective concept. Thus, in our legal system there is no implied duty of good faith between contracting parties – our starting point is that each is free to take advantage of the other (unless, for instance, there is a fiduciary duty). 

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Holidays – Consumer Regs

The new Consumer Regs impact on the sale of holiday and package services: 

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Bankruptcy – pension draw-down

If a pension has been drawn down by a bankrupt, then that will be ‘income’ for the trustee.

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Entrepreneurs’ relief – changes

Entrepreneurs’ relief reduces the rate of capital gains tax from 28% to 10%, for the first £10m gain on the disposal of all or part of a business or trading company (held for at least one year). 

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Patent – disclose other licences?

In an ‘unprecedented’ decision, the Patents Court has ordered pre-action disclosure of all licences granted by a patent holder. This was so an alleged infringer could estimate its potential damages liability.

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