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Experts

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Ainslie Benzie
Ainslie Benzie
Partner
TLT
Ben Watson
Ben Watson
Head of Employee Incentives
TLT
Danielle Borthwick
Danielle Borthwick
Solicitor
TLT
Douglas Roberts
Douglas Roberts
Partner
TLT
Tessa Durham
Tessa Durham
Knowledge Lawyer
TLT
Contributions by TLT Experts

19

Appropriation of land for planning purposes
Appropriation of land for planning purposes
Practice notes

This Practice Note discusses appropriation of land for planning purposes by local authorities. It covers: the concept of acquiring and holding land for a statutory purpose, the statutory background to appropriating land for planning purposes under the Local Government Act 1972; appropriation of land for planning purposes as a precondition to the power to override easements under section 203 of the Housing and Planning Act 2016; the internal procedure for appropriation by the local authority; best practice in the appropriation of land for planning purposes; and advantages and disadvantages of appropriation.

Cancellation and withdrawal provisions for consumer credit and hire agreements
Cancellation and withdrawal provisions for consumer credit and hire agreements
Practice notes

This Practice Note considers the various cancellation and withdrawal rights that are available in relation to credit agreements and consumer hire agreements that are regulated by the Consumer Credit Act 1974 (CCA 1974). In both cases, it is assumed such agreements are not secured on land, or used to help buy land.

Pitfalls of setting up and operating an employee ownership trust
Pitfalls of setting up and operating an employee ownership trust
Practice notes

This Practice Note outlines several of the pitfalls present, and errors or misunderstandings that may be made, when setting up or operating an employee ownership trust (EOT). It sets out the factors to be aware of and steps to be undertaken in order to prevent these issues from causing delays to the implementation of an EOT or the failure of the EOT structure and its associated tax reliefs.

Sale of a business to an employee ownership trust
Sale of a business to an employee ownership trust
Practice notes

This Practice Note examines the use of employee ownership trusts (EOTs). This Practice Note specifically examines the issues and considerations surrounding the sale of a company to an EOT including examining the documentation required, potential tax issues and the sale process as a whole. This Practice Note is written in conjunction with Karen Cooper of Cooper Cavendish, and Ben Watson and Douglas Roberts of TLT.

Scotland—insight into moveable transactions
Scotland—insight into moveable transactions
Practice notes

This Practice Note, written in partnership with Ainslie Benzie and Tessa Durham of TLT LLP, looks at the changes introduced by the Moveable Transactions (Scotland) Act 2023, assignations, statutory pledges, the Registers of Statutory Pledges and Assignations, plus the impact on secured lending, asset and invoice financing and impacts for R&I lawyers in Scotland.

Are there are any consultation papers or proposals for amending the Consumer Credit Act 1974 in relation to notices of sums in arrears in light of the Financial Conduct Authority’s final guidance for payment holidays regarding hire purchase agreements?
Are there are any consultation papers or proposals for amending the Consumer Credit Act 1974 in relation to notices of sums in arrears in light of the Financial Conduct Authority’s final guidance for payment holidays regarding hire purchase agreements?
Q&As

Can a debtor be forced to pay for a bill which was bought by the debt agency from a credit card company, even though on the credit agreement it states that the debt cannot be sold to a third party?
Can a debtor be forced to pay for a bill which was bought by the debt agency from a credit card company, even though on the credit agreement it states that the debt cannot be sold to a third party?
Q&As

Does the Consumer Credit Act 1974 (CCA 1974) require notice of an interest rate change on a loan agreement secured on land to be given a certain number of days before the rate takes effect? If not, has it ever done so? Did the CCA 1974 previously require a certain number of days notice to be given or has this requirement been removed for agreements which pre-date its removal?
Does the Consumer Credit Act 1974 (CCA 1974) require notice of an interest rate change on a loan agreement secured on land to be given a certain number of days before the rate takes effect? If not, has it ever done so? Did the CCA 1974 previously require a certain number of days notice to be given or has this requirement been removed for agreements which pre-date its removal?
Q&As

Following the implementations of the Mortgage Credit Directive on 21 March 2016, and given that existing Consumer Credit Act 1974 (CCA 1974) regulated mortgages are now regulated by the Mortgage Code of Business Regulations and not the Consumer Credit Sourcebook; are borrowers still able to request a time order under CCA 1974, ss 129 and 135?
Following the implementations of the Mortgage Credit Directive on 21 March 2016, and given that existing Consumer Credit Act 1974 (CCA 1974) regulated mortgages are now regulated by the Mortgage Code of Business Regulations and not the Consumer Credit Sourcebook; are borrowers still able to request a time order under CCA 1974, ss 129 and 135?
Q&As

If a Consumer Credit Act 1974 (CCA 1974) secured loan is modified post 31 October 2004, will it become a regulated mortgage contract? Will the original CCA 1974 agreement be of any effect?
If a Consumer Credit Act 1974 (CCA 1974) secured loan is modified post 31 October 2004, will it become a regulated mortgage contract? Will the original CCA 1974 agreement be of any effect?
Q&As

If a law firm acts for a consumer client and the client has an individual guarantor giving a personal guarantee for the client's legal fees, is that guarantee agreement subject to any legislation or regulatory requirements?
If a law firm acts for a consumer client and the client has an individual guarantor giving a personal guarantee for the client's legal fees, is that guarantee agreement subject to any legislation or regulatory requirements?
Q&As

If an individual lends a sum of money (£40,000) to a friend to assist in the purchase of a property and there is no written agreement in respect of that loan, would the loan be caught by the CCA and would the individual lending the money need to be FCA approved?
If an individual lends a sum of money (£40,000) to a friend to assist in the purchase of a property and there is no written agreement in respect of that loan, would the loan be caught by the CCA and would the individual lending the money need to be FCA approved?
Q&As

Is a modifying or new agreement required where a lender agrees to extend the term over which a Regulated Consumer Credit Agreement is to be paid by way of forbearance?
Is a modifying or new agreement required where a lender agrees to extend the term over which a Regulated Consumer Credit Agreement is to be paid by way of forbearance?
Q&As

Is it permissible to have joint bank accounts for up to five users? If so, is there any legislation governing it? Alternatively, if this is not possible and it is only allowed for up to two people to have a joint bank account, can you point me in the direction of the relevant legislation?
Is it permissible to have joint bank accounts for up to five users? If so, is there any legislation governing it? Alternatively, if this is not possible and it is only allowed for up to two people to have a joint bank account, can you point me in the direction of the relevant legislation?
Q&As

On 24 April 2020, the Financial Conduct Authority confirmed a further package of targeted temporary measures to help people with some of additional consumer credit and consumer hire products relating to motor finance, high-cost short-term credit, rent-to-own, fixed-sum credit buy-now pay-later and pawnbroking agreements. What are the implications of the measures?
On 24 April 2020, the Financial Conduct Authority confirmed a further package of targeted temporary measures to help people with some of additional consumer credit and consumer hire products relating to motor finance, high-cost short-term credit, rent-to-own, fixed-sum credit buy-now pay-later and pawnbroking agreements. What are the implications of the measures?
Q&As

On 9 April 2020, the Financial Conduct Authority confirmed a package of targeted temporary measures to help people with some of the most commonly used consumer credit products. What are the implications of the measures?
On 9 April 2020, the Financial Conduct Authority confirmed a package of targeted temporary measures to help people with some of the most commonly used consumer credit products. What are the implications of the measures?
Q&As

Where a lender is required to send notices of sums in arrears on a fixed sum loan under section 86B of the Consumer Credit Act 1974 (CCA 1974) and the customer clears the arrears but leaves default sums outstanding, is the lender required to keep sending subsequent notices of sums in arrears under CCA 1974, s 86B(5)(b)?
Where a lender is required to send notices of sums in arrears on a fixed sum loan under section 86B of the Consumer Credit Act 1974 (CCA 1974) and the customer clears the arrears but leaves default sums outstanding, is the lender required to keep sending subsequent notices of sums in arrears under CCA 1974, s 86B(5)(b)?
Q&As

Would a communication to existing shareholders of a private company limited by shares (of which there are 500+) asking them to pass a resolution to disapply rights of pre-emption so that shares in the capital of the company can be issued to a new investor constitute ‘investment activity’ for the purposes of Financial Services and Markets Act 2000 and the Financial Promotions regime?
Would a communication to existing shareholders of a private company limited by shares (of which there are 500+) asking them to pass a resolution to disapply rights of pre-emption so that shares in the capital of the company can be issued to a new investor constitute ‘investment activity’ for the purposes of Financial Services and Markets Act 2000 and the Financial Promotions regime?
Q&As

Other Work
Making an application for a freezing injunction—checklist
Making an application for a freezing injunction—checklist

This Checklist, produced in partnership with Danielle Borthwick of TLT, discusses the key points applicants should consider when applying for a freezing injunction in an insolvency context including initial considerations, the application, undertakings, penal notice and worldwide freezing orders.

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