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Agency is a legal relationship between an agent who is a person having the authority or capacity to create legal relations between a principal and third parties.
The agent is a person who has the authority to act on behalf of the principal and consents to do so. The relationship called 'agency' or 'principal-agent relationship' depends on the nature of the agreement and the circumstances. If the substance of the agreement intends that the alleged agent act on his own behalf and not on the behalf of the principal then notwithstanding explicit language in the agreement describing the person as agent, the relation of agency will not have arisen. Conversely, an agency relationship may arise superseding a clause in an agreement that it shall not.
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Checklist for application of a BVI grant Preliminary check Before making an application in the British Virgin Islands (BVI) for a grant of probate or letters of administration , the applicant should obtain at least the following information: • information relating to the deceased: ◦ name ◦ address ◦ domicile as at the date of death ◦ date and place of death ◦ if the deceased has passed away for more than three years, the reason for the delay in grant application ◦ marital status and family members ◦ whether the deceased left a Will; if so, whether the original Will is available; if not, the reason behind it ◦ whether any minority or life interests arise • assets: ◦ details of the BVI situs assets—if it is company shares, the company name, company number, number of shares held by the deceased and name of all company directors are needed ◦ value of the BVI situs assets at the time of application • applicant(s): ◦ name ◦ address ◦ occupation...
Privilege in criminal investigations—checklist The following are only suggested guidelines, given that each criminal investigation will turn on its own facts. This Checklist should be read in conjunction with Practice Notes: Legal Professional Privilege in criminal proceedings and Maintaining privilege during criminal investigations. Confidentiality is key and must be maintained. If a document or communication was not confidential when it was first made, or if it loses its confidentiality, it will generally not attract Legal Professional Privilege (LPP). In order to assert privilege, careful consideration should be given to whether it is legal advice privilege or litigation privilege which is being asserted, and different considerations will apply to each. Steps to maintain legal professional privilege At the outset In the event that the client seeks advice before the criminal investigation commences: Legal advice privilege • consider whether legal advice privilege applies, ie: ◦ is the communication confidential? If yes ◦ is the communication sent by a lawyer to their client or vice versa? If yes ◦ is the communication made...
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Retained EU law—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in preparation for Brexit, creating a brand new category of domestic law. It is the collective term given to the body of EU-derived laws preserved and converted into domestic law under EU(W)A 2018 (as amended) at the end of the post-Brexit transition period (IP completion day). For background reading on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading the underlying legislation, see: • Practice Note: Brexit—key legislation explained • News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a complex and wide-ranging legal term, defined under EU(W)A 2018, as anything which continues to form part of domestic law on or after...
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This Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the principal and the agent including the ways in which an agent is appointed to act on behalf of a principal, the different types of agency appointments and the authority that an agent has to act on behalf of a principal.Nature of agencyAgency is a relationship under which a principal appoints an agent to act under their direction and on their behalf for specified purposes. In business, such purposes are commonly the introduction or conclusion of contracts between the principal and customers or other third parties. The term ‘agent’ is sometimes used loosely in business and may refer to those, eg distributors, whose activities are similar to those of agents but who are not agents in law.In commercial matters, the parties will normally have a written agreement that sets out:•the scope of the agent's authority•the parties' rights and duties•under what circumstances and with what consequences the agency can be terminated•general commercial provisions, and•where...
This Practice Note compares agency with distribution and contains a table setting out the key legal differences between agents and distributors. This Practice Note sets out the difference between agents and distributors, including the relationship with their respective principal or manufacturer and compares the risk profile of each appointment. Consideration is also given to the circumstances under which an agency is preferred, and the conditions that favour distributorships.Initial considerationsAgency and distribution are examples of channels to market: means by which a manufacturer, producer or an intermediary, such as a wholesaler, gets its products to end-user customers. Other channels to market include direct sales (where sales staff are employed directly by the manufacturer or where the manufacturer sells at a distance (eg via the internet)), entering into a joint venture with a local business, and franchising (which has many features in common with distribution). For further details on franchising, see: Franchising—overview.This Practice Note compares sales agents, who procure (and sometimes conclude) contracts with customers for their principal, with distributors. Sales agents...
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Agreement among underwriters (US IPO) Agreement Among Underwriters (US IPO) [insert number] Shares (plus [insert number] Shares to cover over allotments, if any) [COMPANY NAME] Common Stock [insert date], 20[insert year] [Insert name of party] [Insert name of party] As Representatives of the Several Underwriters c/o [Insert name of party] [Insert name of party] [Insert name of party] Re: Public Offering of Common Stock of [COMPANY NAME] Dear [insert text]: We wish to confirm as follows our agreement with you with respect to the purchase, from [insert name of corporate entity], a [insert nature of corporate entity] corporation (the Company), of an aggregate of [insert number] shares (the Firm Shares) of the Company's Common Stock, par value $[insert number] per share (the Common Stock), as well as with respect to the purchase any of the [insert number] shares (the Optional Shares) of Common Stock which the Underwriters (as hereinafter defined) shall have determined to purchase from the Company pursuant to Section [insert section number]...
Confidentiality agreement — restructuring & insolvency This Agreement is made [insert day and month] 20[insert year] Parties 1 [insert name of debtor company] a company incorporated in [insert country eg England and Wales] under number [insert registered number] whose registered office is at [insert address] (the Company); and 2 The Creditors (as set out in the Schedule) (the Creditors); (each of the Creditors and the Company being a Party and together the Creditors and the Company are the Parties). Recitals (A) the Company agrees to disclose information to the Creditors and the Creditors agree to keep that information confidential and use it solely for the purposes of evaluating, negotiating, monitoring and implementing a [Standstill Agreement OR Restructuring Agreement]. (B) [insert any further recitals]. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement, unless otherwise provided: Authorised Person • means any officer, employee, director, consultant, agent, affiliate or representative of the Creditors [the Reporting Accountant] and any other legal or financial...
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If a governing body of a foundation school dissolves before all of its property has been disposed of, who does the ownership revert to? Foundation schools are maintained by the local authority, but are different from state-run schools in that they are run by an elected governing body which can employ the staff and set the criteria for admission. The governing body can also own the land the school is on as well as its buildings. Alternatively, if the school is a trust school, the land and buildings will be held by the trust or charitable foundation for the duration of its relationship with the school. If a foundation school is closed, with the consequent dissolution of the governing body, those persons holding land for the benefit of the school are required to apply to the Secretary of State to decide what should happen to any of the land or buildings used by the school which were provided or enhanced at public expense. This legislative requirement...
Where a co-owner of property dies, what level of discount can be claimed on the value of a deceased co-owner's interest for IHT purposes and how is it claimed? Guidance on valuing interests in land on the death of a co-owner can be found in Practice Note: IHT—valuation principles and particular types of property, in particular sections: Valuing land, buildings and interests in land and Valuing joint property. The level of discount available is a matter for negotiation with the Valuation Office Agency of HMRC, but it is common for a discount of 10–15% to be claimed for jointly owned real property. The estimated value of the deceased's interest in the property should be included in the IHT400 and Schedules IHT404 and IHT405:
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The European Medicines Agency (EMA) has published its third annual report on its Real-World Evidence (RWE) framework, covering February 2024 to February 2025. The report details a 47.5% increase in RWE studies to 59 total, with the DARWIN EU network expanding to 30 data partners across 16 countries, covering 180 million patients. The framework achieved a 78% feasibility rate for studies, up from 60% previously, with a median completion time of 4 months. Studies focused on drug utilisation (42%), safety monitoring (24%) and disease epidemiology (24%), supporting regulatory decision-making across multiple EMA committees and stakeholders.
A round-up of the latest environmental enforcement, including prosecution of a waste company for failing to provide required information for a site audit.
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