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The term ownership denotes a wide array of rights over property.
Ownership appears to have the widest set of rights over property and sometimes is called 鈥渁bsolute ownership鈥 including rights of exclusive enjoyment, of destruction, alteration and alienation, of maintaining and recovering possession of the property from all other persons. Ownership of land differs from ownership over personal property or over goods in that the common law did not treat land as the subject of absolute ownership but only of tenure. Also, the common law did not recognise the alternative that the ownership of goods could be split up into lesser successive interests or estates, or remainders or reversions in chattels. See Halsbury's Laws of England, 80 (5th), 812, 813.
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Contractual considerations for the procurement of artificial intelligence鈥攃hecklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: 鈥 Key issues in software licence agreements 鈥 Software development...
Commercial contract review and execution (business personnel)鈥攃hecklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review鈥攃hecklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...
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Raising the profile of your in-house team鈥攖op tips This Practice Note contains top tips for raising the profile of your in-house legal team within your company. Understand the business goals and strategy Work with senior stakeholders, such as general managers/managing directors, department and functional heads, to understand their objectives and timeframes. Ask them about their expectations of the legal team and for any ideas they have on how you could improve or evolve the service they currently receive. Create a vision of what and how your team delivers Once you have enough input from senior stakeholders, form your own vision of what you think your team should stand for and how it should deliver to the business. Write this down and take some time to refine it and test it, first with your manager or a mentor and then with your stakeholders. Work with your team to design your collective brand Get your team involved. Set up some time to host a brainstorming workshop or workshops where you share your...
Money Laundering Regulations 2017鈥擟DD quick reference guide鈥攊ndividuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing鈥擟PF鈥攖he basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017鈥攕cope and application鈥攍aw firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....
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Buy notice for joint share ownership plan (JSOP) agreement To: [insert name of participant] We refer to the agreement that we entered into on [date] with you and [insert name of the Company whose shares are under the JSOP award] (the Company), under which we jointly acquired shares in the Company with you (the Deed). We have received written confirmation from the Company that the Sell Right has lapsed in relation to [all OR [insert percentage]] of the Participant鈥檚 Interest under the Deed, and that the Buy Right may therefore be exercised in relation to it. In accordance with clause 9.5 of the Deed, we hereby confirm that we have therefore exercised the Buy Right on [date] in relation to [all of OR that part of] your Participant鈥檚 Interest, which we therefore acquired on that
S790D Notice (LLP)鈥攆or a legal entity [Insert date] Dear [insert name of addressee] Register of People with Significant Control鈥擭otice to a legal entity under section 790D of the Companies Act 2006 (the Act) Interests in [LLP] [rights] We know or have reasonable cause to believe that you may be a registrable legal entity, as defined in section 790C of the Act in respect of [LLP]. We therefore require you, pursuant to section 790D of the Act, to provide us, in writing [including by email to the address shown above], within one calendar month of the date of this notice, the following information concerning your interest (within the meaning of Part 21A of the Act), if any, in [LLP]: 鈥 Whether or not you are a registrable legal entity within the meaning of this Part of the Act or a legal person to be regarded as an entity under section 790C(12) of the Act; and 鈥 If you are such an entity, to confirm...
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What is the position of a security holder if the company that created the security is dissolved? This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its security. It also considers the position of a receiver appointed by the security holder prior to the dissolution of the relevant company. Summary If a security provider is dissolved as a matter of English law it is normally still possible for the security holder to enforce the security it holds by exercising the mortgagee鈥檚 power of sale. There may be circumstances in any particular case that make an application to restore the dissolved company to the register desirable to protect the security holder鈥檚 position. Circumstances where this issue commonly arises The problems associated with a security provider being dissolved while security is in force occur most often in real estate finance and other asset finance transactions. Typically, these issues arise where a special purpose...
Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord. This Q&A considers who may qualify as an occupier under the Occupiers鈥 Liability Act 1957 (OLA 1957). OLA 1957 contains no definition of an 鈥榦ccupier鈥. The issue of who is an occupier is dealt with under the common law. It is important to recognise that the key issue is of control over, rather than ownership of, the premises. An occupier is any legal entity with a sufficient degree of control over premises such that it can properly be considered to be an occupier (see Wheat v E Lacon). The key element is that the occupier has effective control. There is no requirement for the occupier to have a legal interest in the land. There can be multiple occupiers of premises at any given time. It has...
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The Financial Action Task Force (FATF) has released its 2023-2024 annual report, highlighting significant progress in combating financial crime. Key developments include strengthening global compliance with FATF standards, improving transparency and beneficial ownership requirements, amending standards for non-profit organisations and enhancing asset recovery measures. The FATF also focused on emerging risks, publishing reports on cyber-enabled fraud, terrorism financing through crowdfunding and virtual asset service providers. Additionally, the organisation prioritised deepening relationships with regional bodies and launched an initiative to promote gender inclusivity within the FATF and its global network.
This week's edition of Local Government weekly highlights includes enhanced coverage on the Supreme Court judgment in The Father v Worcestershire CC, in which the father鈥檚 appeal against the care order placing his children in foster care, was dismissed, coverage of the Cabinet Office's final preparations for the Procurement Act 2023, which is set to go live on 24 February 2025 and expert analysis of the Court of Appeal judgment in Hussaini v Islington LBC. Case reports include the decisions in Sheffield CC v The Mother, on the Family Court's ruling that the child experienced significant harm due to parental neglect, meeting the threshold criteria under Section 31 of the Children Act 1989; (R (LR) v Coventry CC where the Court of Appeal quashed the local authority's support assessment for family, citing legal errors and failure to consider children's welfare; Tickle v The BBC concerning the Court of Appeal鈥檚 setting aside of an order anonymising judges in family proceedings due to lack of jurisdiction and procedural bias; R (MM) v...
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