Charles Russell Speechlys LLP

This Practice Note, produced in partnership with Peter Levaggi of Charles Russell Speechlys LLP, considers the situation where a borrower/mortgagor with property encumbered by a number of legal mortgages has become insolvent or otherwise defaulted on its obligations. This is a particular problem where the mortgaged property has insufficient value to discharge the total debt. This Practice Note covers the priority of multiple mortgages and remedies available. It includes a look at the principles of marshalling and tacking.

This Practice Note outlines the eligibility criteria for a sponsor employer to issue a Certificate of Sponsorship (CoS) under the Expansion Worker route. Aspects covered include features relating to the sponsor licence that are unique to this route, Certificates of Sponsorship, skill level, salary, and the previous minimum employment requirement. It also looks at the background to the route, and alternative options.

The Senior or Specialist Worker route enables businesses with linked entities overseas to transfer established employees to work in their UK offices in a skilled role. The Graduate Trainee route is for graduate recruits who are being transferred to undertake a role in the UK which is part of a structured graduate training programme, with clearly defined progression towards a managerial or specialist role within the organisation. Both routes are Global Business Mobility routes. This Practice Note outlines the eligibility criteria and procedure for issuing a Certificate of Sponsorship (CoS) by a sponsor employer. It also looks at the skill level, salary, and previous minimum employment requirements.

This Practice Note provides an overview of the objectives and scope of Regulation (EU) 2023/1230 on machinery also known as the EU Machinery Regulation (EU MR). The EU MR requires manufacturers and other market participants involved in the production of machinery and related products to adhere to various health and safety requirements. This document describes the key obligations of manufacturers, importers and distributors (as well as other individuals who may be bought into scope) and examines the main changes from Directive 2006/42/EC on machinery known as the EU Machinery Directive (EU MD) in relation to new digital and technological concepts.

This Practice Note considers the regulation of influencer activity and what measures there are to protect influencers from online harms. This Practice Note primarily considers UK regulation and measures, but also deals with how UK-based influencers might be subject to EU regulation. It includes consideration of: the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code); UK Code of Broadcast Advertising (BCAP Code); and, the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. It also deals with the regulatory obligations which may be imposed on UK platforms and affect influencers as part of the Online Safety Act 2023, as well as the circumstances in which Regulation (EU) 2022/2065, the EU Digital Services Act may apply to the activity of a UK-based influencer. Finally, this Practice Note also considers how influencers may take practical steps to protect their individual ‘brand’ as this is built up through their influencer activity.

This Practice Note, written by Alexander Caton of Loxley Solicitors provides an overview of the key tax planning points for landed estates, including the use of flexible Wills, lifetime giving and the optimisation of agricultural property relief (agricultural relief) and business property relief (business relief) and any relevant heritage property reliefs.

This Practice Note covers the purpose and procedure of section 41 of the Trustee Act 1925 (TA 1925), which confers jurisdiction on the court to appoint or replace trustees in certain circumstances. It also considers alternative routes that may be available to practitioners and distinguishes between the applicability of TA 1925, s 41 and the court's inherent jurisdiction to remove trustees.

This Practice Note, produced in partnership with Robert Avis of Charles Russell Speechlys SA, looks at the order of payments to creditors in administration. It includes discussion of moratorium debts and pre-moratorium debts, expenses and super-priority for certain contracts, preferential creditors, the prescribed part, floating charges, unsecured claims, statutory interest, postponed debts and distribution of surplus.