Glossary




  • Absence management
  • Procedures put in place to manage employees who are absent from work.
  • Acquisition
  • The purchase of one company by another company in which no new company is formed.
  • Acquisition and disposal of residential sites
  • Involves site acquisition, assembly and disposal of sites used for residential purposes.
  • Acquisition Finance
  • Capital obtained for the purpose of buying a target business.
  • Adjudicator Complaints
  • following our review, you can ask the Adjudicator to look into your complaint. The Adjudicator is a fair and unbiased referee and their service is free. The Adjudicator will investigate and help to resolve complaints from individuals and businesses who remain unhappy about the way their affairs have been handled. The Adjudicator cannot consider disputes about policy or matters of law.
  • Administration
  • Regarded as a rescue mechanism for an insolvent company so that it can continue trading as a going concern. If the company cannot be rescued, the administrator will aim to achieve a better result for the company’s creditors than would be likely if the company were put into liquidation. .
  • Advertising, publishing and sponsorship
  • Mechanisms used to promote a company.
  • Advice on loan documentation
  • Loan documents can be vast and complex, with language and terms that legal practitioners can understand and advise on.
  • Agency agreements
  • A legal relationship and agreement between one person (the agent) and another party (the principal). The agent is authorised by the principal to act on the principal’s behalf.
  • All forms of Building Contracts
  • A legally binding agreement between the owner of a building site and a building contractor setting out the terms under which construction is to be carried out, including remuneraiton, timescale, and penalities.
  • Alternative Dispute Resolution
  • Any method of resolving dispute other than by litigation, such as through mediation or arbitration.
  • Analysis of your business to ensure you are operating in line with the law
  • The law surrounding landlord and tenants obligations is vast. Landlords have specific statutory obligations that they are required to fulfil in order to be running their business in line with the law.
  • Antecedent litigation
  • Actions involving a company or individual seeking to put its assets beyond the reach of its creditors.
  • Antecedent transactions
  • Transactions entered into by the company in the period prior to its insolvency.
  • Anti Dumping Duty
  • A duty imposed on imports that governments believe are priced below their reasonable market value.
  • Appointment of Managing Agent
  • A managing agent can be appointed by the freeholders, leaseholders or by judicial decree.
  • Assessment appeals – under declarations, over-payments
  • Appealing against a tax decision that the company/individual taxed disagrees with.
  • Asset recovery
  • Recovering assets that have been seized/confiscated.
  • Asset Refinancing
  • Using a company’s existing assets as security for a business loan. In the event of default, the lender can take the asset to recover their losses.
  • Asset
  • An item of property, whether tangible or intangible, owned by an indiviidual or company, which is regarded as having monetary value.
  • Assignment of existing lease
  • Transfer by the current tenant of his rights to a sub-tenant to use the leased property.
  • Attachment of earnings
  • Obtained by a court order, payment of debts by direct deduction from the debtor’s earnings
  • Bankruptcy
  • legal proceeding involving an individual or business that is unable to repay outstanding debts.
  • Bankruptcy Order
  • A court order that declares an individual or business bankrupt and placing their affairs under the control of a reciever or trustee of bankruptcy.
  • Bankruptcy Petitions
  • An application made to the court by a debtor, or a debtor’s creditors, to declar the debtor bankrupt.
  • Benevolent Loans
  • An interest-free loan that is extended by a lender to a borrower on the basis of benevolence
  • Break clauses
  • A clause in a contract that allows a party to the contract to end the contract early.
  • Business Asset Acquisition
  • Purchase of a company or business by buying that company’s/business’s assets as opposed to its stock.
  • Business Asset Acquisition and Disposal
  • Purchase of a company by buying/acquiring that company’s assets.
  • Business Asset Disposal
  • Selling company’s assets, often in consequence of the asset depreciating in value.
  • Business restructuring
  • Significantly modifying the debt, operations and/or structure of a company.
  • Buying/selling and TUPE
  • The purpose of TUPE regulations is to protect the rights of employees when a business transfers fully or partly to another undertaking. As such when buying or selling a business, TUPE regulations will need to be examined.
  • Cash Seizures
  • Seizures of cash under the Proceeds of Crime Act 2002 and seizures made under section 19 of the Police and Criminal Evidence Act 1984 (PACE)
  • Certificate of Title
  • A document that stands as evidence of the right of ownership.
  • Challenging conditional permissions
  • This is where the whole of a building is leased (as opposed to a lease of part of a building or unit within a larger complex). The whole building may have its own grounds or may be set in common ground which is subject to a service charge or estate charge.

  • Change of use applications
  • Applying for planning permission due to a material change of use of land and buildings.
  • Charging orders
  • An court order obtained by a judgment creditor, by which the judgment debtor’s property in any stocks, funds or land stands charged with the payment of the amount for which judgment shall have been recovered. Thus if the judgment debtor comes to sell the property, the debt must be satisfied with the proceeds of sale.
  • Charity Property & Assets
  • Property and Assets that belong and/or are owned by a charity.
  • Charity Shops & Trading
  • There are certain provisions for charities who wish to trade, by either selling goods or services. Profits from some types of tading may be liable for tax.
  • Civil Evasion Penalties
  • Penalties that are levied where HMRC has reasonable grounds to believe that customs duties or import VAT has been evaded or sought to be evaded.
  • Civil Evasion Penalties for customs duty
  • Customs civil evasion penalties (CCEPs) for breaches of European Union and UK customs law were introduced in the Finance Act 2003. They are levied where HMRC has reasonable grounds to believe that customs duties or import VAT has been evaded or sought to be evaded.
  • Civil Evasion Penalties – quantum/liability
  • The amount of penalty payable is calculated as a percentage of the duty and/or import VAT that has been evaded. If traders co-operate fully in the investigation, the amount of penalty payable may be reduced. An early and honest admission of the true extent of the evasion may attract a considerable reduction.
  • Collaboration agreements and revenue share agreements
  • Agreements between parties to share resources in order to accomplish a mutual goal.
  • Collaborations
  • Enables two or more parties to work jointly towards a common goal.
  • Collateral warranties
  • An agreement arising from the making of the primary contract/agreement.
  • Collective Enfranchisement (Flats)
  • The Leasehold Reform Housing & Urban Development Act 1993 (as amended) provides a statutory right, subject to qualification, for the owners of flats in a building, and sometimes part of a building, to join together and buy the freehold of that building.
  • Commercial agents
  • A self-employed intermediary who has a continuing authority to negotiate the sale or purchase of goods and/or conclude such transactions on behalf of their principal.
  • Commercial Contract Disputes
  • Contracts between businesses that often contain terms seeking to exclude or limit liability for certain matters.
  • Commercial Conveyancing
  • The transfer of commercial leasehold or freehold property to another.
  • Commercial Mortgages
  • A mortgage loan secured by commercial property, as opposed to residential property.
  • Commercial Property
  • Real property that is used to carry our business activities.
  • Company Voluntary Arrangements
  • An arrangement that allows a company who is experiencing debt problems or is insolvent to reach a voluntary agreement with its business creditors regarding repayment of all or part of its debts.
  • Compensation
  • Payment of money awarded to someone in recognition of loss, suffering or injury that that person has experienced.
  • Compliance and planning
  • Employment law and compliance planning is critical to help an organisation, especially new businesses, avoid any unlawful activities, forecast costs of running the business and ensure that the overall business strategy is consistent with the law that govern the workplace environment. Non-compliance in with increasingly changing and heavily regulated employment law could be a costly exercise if you are sued by a former employee or have to deal with a Health & safety prosecution.
  • Compound Interest Claims against HMRC
  • Interest on interest, rather than on the principal amount.
  • Compromise agreements
  • A legally binding agreement made between an employee and employer during or following the termination of employment, setting out certain terms and conditions in relation to the termination of employment.
  • Compulsory Liquidations
  • As a result of a court order, a company’s assets are realsied and distributed to the company’s creditors.
  • Compulsory Purchase Order
  • A court order that allows a public body to force the owner of real property to sell their property.
  • Condemnation proceedings
  • The legal term for the court process, started by a Notice of Claim, which decides whether seized goods are liable to forfeiture and, therefore, if a seizure by HMRC or Border Force was lawful. Condemnation proceedings establish whether or not legal ownership of the seized thing will pass to HMRC or Border Force, or go back to you
  • Conditional Contracts
  • An agreement conditional upon a specific event.
  • Conditional permissions
  • Planning authority grants planning permission subject to one or more conditions.
  • Confidentiality Agreements
  • Also known as a non-disclosure agreement, it is a legally binding contract between two or more parties that restricts the parties discussing certain information with third parties (not a party to the agreement).
  • Constitution & Governance
  • Charities often have to adopt a constitution and governance structure, which will enable the charity or not for profit organisation to work to the best of their ability.
  • Construction
  • The action of building a structure.
  • Contracting Out Notice
  • Contracting out is an agreement reached between a landlord and tenant so that the tenant will not have the benefit of the statutory rights to a lease renewal. In order for contracting out to take effect, advance notice is required in some instances.
  • Corporate Due Diligences
  • Corporate due diligence is the process of investigation a target business of land acquisition to ensure its commercial and legal viability, to identify any potential risks and defects.
  • Conventional facilities secured on property
  • Loan facilities or option, secured on collateral put up by a borrower as security for the loan. There are various funding options when it comes to property, from auction finance, bridging loans, development loans, buy to let loans and commercial mortgages. Contact our expert Property Finance team to obtain legal advice.
  • Conveyancing
  • The transfer of an ownership interest in real property from one person to another, to which involves the preparation of documents in order to transfer ownership.
  • Corporate/business bankruptcy
  • When a company or business, as opposed to an individual, becomes insolvent/bankrupt.
  • Covenants
  • A legally binding promise within a contract/agreement that stipulates that certain activities will or will not be carried out by a party.
  • Creditors Scheme of Arrangement
  • A court approved agreement between a company and its shareholders or creditors.
  • Creditors’ voluntary liquidations
  • A procedure in which the company’s directors choose to voluntarily bring the business to an end by appointing a liquidator in order to liquidate all of the company’s assets.
  • Customs & Excise
  • Refers to customs duty and excise duty – a tax levied on imports.
  • Customs civil penalty warning
  • Warning letters for a contravention of customs regulations give details of the alleged contravention. Traders alleged to have contravened customs regulations will be warned that if there is a further broadly similar contravention within a two-year period a penalty demand may be issued.
  • Dealing with the Charities Commission
  • The Charity Commission is responsible for registration and regulating charities in England and Wales.
  • Debt recovery
  • recovering debts/monies that remain outstanding, namely still owed by the borrower/debtor.
  • Deed of Covenant
  • An agreement to pay a regular sum of money to a specified person over a period of time.
  • Deed of Guarantee
  • A document where one person agrees (guarantor) to be responsible for another person’s commercial rent if that person fails to make the required payment.
  • Deed of Priority
  • A contract under which two or more creditors agree between themselves the order of priority in which their rights and security from a common debtor will rank.
  • Deed of Priority
  • A contract under which two or more creditors agree between themselves the order of priority in which their rights and security from a common debtor will rank.
  • Deeds of priority between lenders
  • Where there are various lenders, securing their loan against the same assets, a deed of priority is executed to regulate which lenders charge takes priority over all other charges secured against that asset.
  • Deed of Variation
  • A document enabling beneficiaries of a deceased’s estate to alter the distribution of that estate for a certain period after the death.
  • De-Mergers
  • A single company decides to split into two or more smaller components which become new companies, operating separately from the original company.
  • Development and construction finance
  • A funding option for individuals or company’s developing or constructing property.
  • Director’s Service Agreements
  • A contract of employment for Director’s and other key board members of a company, setting out the terms and condition of employment.
  • Directors disqualification proceedings
  • Proceedings relating to disqualifying a company director as a consequence of them not fulfilling their legal responsibilities.
  • Directors’ duties and liability on insolvency
  • Directors have certain legal responsibilities, one of which relates to Directors owing a duty to the company’s creditors in the event of insolvency.
  • Disciplinary and grievance
  • There are mechanisms relating to disciplinary action and grievances within the work place.
  • Disposals
  • A disposal is an occasion when an individual or company sells an asset or gives it away.
  • Disputed Legacies
  • Disputes relating to legacies contained within a will that are left to charities.
  • Distribution agreements
  • A contract between channel partners (supplier of goods and a distributor of goods) that stipulates the responsibilities of both parties.
  • Diversity and discrimination
  • Discrimination involves being treated unfairly due to certain trait (diversity) that an individual possesses, such as a persons age, disability, gender, race, religion or belief, or sexual orientation.
  • Domain name disputes
  • A dispute that arises when two or more individuals or businesses believe that they have the right to register a specific domain name.
  • Drafting Policies
  • Creating rules and regulations.
  • Drafting tenancy agreements
  • Whether you are a landlord or tenant are carefully drafted tenancy agreement is essential to protect and regulate your position and relationship with the landlord or tenant especially when unforeseeable issues arise later on in the occupancy of the property.
  • Easements
  • A right to use and/or enter someone else’s land for a specified purpose, without having an proprietary interest in that land.
  • Employee Benefits
  • Things that are given to an employee that benefit them, which are outside of the normal remuneration for service.
  • Employment
  • A state of an individual having paid work.
  • Employment contracts, policies and procedures
  • A contract of employment is an agreement between an employer and an employee. The contract sets out the basis of the employment relationship, including the terms and conditions.
  • Employment Restrictive covenants advice
  • A contractual clause prohibiting a former worker from competing with their employer after leaving the business. The covenants restricting the post-employment activities, can be for a specific period of time and/or for a specific geographical area and/or relating to the specific customers/clients an employer has. For the covenants to be enforceable, they cannot be wider than necessary to protect the employers business interests.
  • Employment tribunal claims
  • An employment tribunal deals with claims that are within its jurisdiction relating to employment or its termination of employment.
  • Enforcement proceedings
  • Proceedings that aim to enforce a court order that ordered for a debtor to pay a debt.
  • Enfranchisement
  • A qualifying right for leaseholders to buy the freehold of the property subject to the lease.
  • Enfranchisement (Houses)
  • The Leasehold Reform Act 1967 (the 1967 Act) gives leasehold tenants of houses the right to buy the freehold. The right to compulsorily purchase the freehold (and any intermediate leasehold interest, e.g. head lease) is termed enfranchisement.
  • Entering Judgments
  • To officially record a judgment.
  • Eviction
  • The action of expelling a person from a property.
  • Exclusivity / Lock-Out Agreement
  • An agreement which is used to try to ensure that the other party to a proespective deal negotiates solely with the client for a specified period of time.
  • Exclusivity Agreement
  • Also known as a lock-out agreement, is a legally binding contract between at least two parties to purchase goods exclusively from a seller for a certain period of time. The effect of such a contract is that the seller will be the only provider of the goods to the purchaser and vice versa.
  • Extending the leasehold term
  • Leasehold title is granted for a specified period of time (the term). The term of the lease can be extended in certain circumstances.
  • Extensions to trading hours
  • Trading hours are the hours during the day in which a business is commonly conducted. The hours can be extended subject to conditions.
  • Failure to meet agreed contractual obligations
  • This would be a breach of contract, which is a legal cause of action in which a legally binding contract is no honored by one or more of the parties to the contract.
  • First-tier Tribunal
  • Certain decision of HMRC can be reviewed by the Tax tribunals, who are independent of HMRC. This is a litigious process in which an individual can represent themselves, but usually appoint legal advisors because of the complex nature of the various tax regimes.
  • First-tier Tribunal (FTT/LVT)
  • A statutory court set up to handle applications, appeals and references relating to disputes over property and land.
  • Fixed fee
  • A set amount paid for work or a service that does no change irrespective of the time the work takes or the amount the service is used.
  • Flexible and part-time working
  • Flexible working iis a way of working that suits the employees needs and/or a work pattern that is different from the employee’s existing work pattern. Part-time working is a form of employment that carries fewer hours per week than a full time employment.
  • Forfeiture
  • The legal act that transfers ownership of a seized thing to HMRC or Border Force. It can happen by order of a court or passage of time (if there is no appeal)
  • Formation & Registration
  • The formation and registration process of charities is regulated by the Charity Commission for England and Wales.
  • Franchise agreements
  • A Franchise Agreement is a legal, binding contract between a franchisor and franchisee, setting out their legal rights and obligations.
  • Franchise Business
  • A Franchise is a type of license that gives the licensee (franchisee) access to a business’s (franchiser) exclusive knowledge and trademarks to enable the licensee to sell a product or provide a service under the business’s name.
  • Fraudulent Trading
  • When a company carries on business operations with the intent of purposefully deceiving and defrauding its creditors, often to evade paying debts.
  • Freehold Company
  • Tenants of a block will need to set up a company to hold the legal title to the freehold of their leasehold flats.
  • Freehold Purchases
  • The Leasehold Reform Act 1967 (the 1967 Act) gives leasehold tenants of houses the right to buy the freehold. The right to compulsorily purchase the freehold (and any intermediate leasehold interest, e.g. head lease) is termed enfranchisement.
  • Freehold title
  • Any estate which is free from hold of any entity besides the owner of the freehold.
  • Freehold Valuation
  • There are specialist valuers who value the freehold reversion according to the latest criteria set out in the Commonhold and Leasehold Reform Act 2002.
  • Funding & Tax
  • Charities are entitled to certain tax reliefs.
  • General Penalties and interest charges
  • Each tax or duty has specific rules on penalties for late payment, filing, or misinformation.
  • Ground Rent
  • The sum of money payable to a landlord under the terms of a lease
  • Heads of Terms
  • A non-binding document which documents negotiated agreed terms prior to the signing of a contract, which the parties intend to be reflected in the final contract.
  • High Court Actions
  • Actions/proceedings that are taking place in a Division of the High Court in England and Wales.
  • High Court Enforcement/Bailiffs
  • Following the obtaining of a Judgment or Order of a Court, the claimant (judgment creditor) has issued a Writ of Execution/Control and requested a High Court Enforcement Officer to recover the money due under the Writ from the judgment debtor.
  • HMRC Internal Reviews & Appeals
  • In relation to most HMRC decisions, individuals or businesses have the right to seek an internal review or make an appeal, so that an independent officer (usually with more expertise) can consider the decision and/or provide more details. It is important to take advantage of this process, and set out your case in a detailed submission before opting to have the matter reviewed by a Tribunal, which is a litigious process.
  • HMRC Seizures
  • When HMRC has confiscated a physical item from someone.
  • Individual Voluntary arrangements
  • An agreement between a debtor and its creditors for the debtor to pay all or part of its debts.
  • Infringement Actions
  • Commission of a prohibited act in relation to a patented invention without permission (obtaining a license) from the patent holder.
  • Insolvency
  • Is the state of being insolvent, which means that a company or an individual can no longer meet its financial obligations with its lender/s as debts become due.
  • Insolvency injunctions
  • To restrain the presentation or advertisement of a winding up petition entering the public domain.
  • Intellectual Property
  • Refers to intangible property that is the result of a creation of the mind, such as patents and copyrights.
  • Intra-group charges
  • Loans or facilities provide by one member of a group of companies to another
  • Investment Finance
  • A company selling part of their business (shares) to an investor.
  • Inward Processing Applications/Relief
  • Obtaining duty relief when importing goods for processing and subsequent re-export.
  • IP disputes and litigation including patent revocation and infringement actions
  • We can deal with all aspects of IP Litigation.
  • IP licencing
  • An agreement between an intellectual property owner and another party (licensee), which grants the licensee permission to do something that would otherwise be an infringement of the owner’s rights.
  • Issuing proceedings
  • Proceedings are stated when the court issues certain documentation (claim form) at the request of the claimant.
  • IT industry agreements
  • These include web design agreements, App development agreements, maintenance service level agreements, outsourcing agreements, confidentiality agreements, a host of IP agreements and warranties.
  • Joint Venture
  • A joint venture (JV) is an agreement between parties looking for collaboration on a particular business project, including property development.
  • Judicial Review
  • A procedure by which a court can review an administrative action by a public body to decide the lawfulness of that decision.
  • Judicial review challenges
  • The court proceeding to review the lawfulness of a public bodies decision, action or inaction.
  • Land Acquisition and development
  • Acquiring land/sites with development potential.
  • Landlord
  • An individual or company that owns a property and subsequently leases the property to another.
  • Landlords Costs
  • Landlords are entitled to recover various costs, including legal costs under the terms of their lease. In a leasehold enfranchisement situation landlords are entitled to recover their reasonable cost relating to the forced purchase of the freehold or leasehold extension.
  • Lease Assignments
  • A document with the effect of transferring all rights that a lessee or tenant possesses over a property to another party.
  • Lease Extensions
  • The Leasehold Reform Housing and Urban Development Act 1993, Section 42, provides the right to extend the lease of a flat or leasehold house, by 90 years at a peppercorn rent (i.e. no ground rent). The Act sets out a formula to calculate the premium payable. Alternatively a lease can be extent3ed outside of the Act by negotiation, however, under this route there are no rules and landlords can set whatever rules they like.
  • Lease of part
  • The Landlord covenants to provide services within the lease.
  • Leasing and H.P. agreements
  • Leasing and Hire Purchase agreements are options available of financing certain assets/property. A Lease agreement results in the user of the asset agreeing to use the owner’s asset for a period of time. A Hire Purchase agreement results in a hirer agreeing to pay the cost of the asset in installments over a period of time and the end result will be that the hirer has purchased the asset from the owner.
  • Letter Before Action (including demands for Late Payment Interest & Compensation)
  • The last letter that is formally sent by a party before that party commences legal action to recover a debt.
  • Licence to Alter / Assign / Change of Use – A leaseholder
  • Should the terms that govern what a leaseholder can do require changing, or if a leaseholder wishes to transfer their lease to a third party, they are likely to require the consent of the landlord. The formal written consent from landlord is known as a licence.
  • Licence for Alterations
  • Permission granted to a Tenant to carry out improvements or major works to the premises that is the subject of the lease.
  • Licence to Assign
  • An agreement between a landlord and a tenant which gives the tenant permission to assign or transfer their obligations under the lease to another party.
  • Licensing
  • Granting a license – granting permission to do a certain thing.
  • Licensing (Alcohol or other restricted items)
  • A business arrangement in which the licensee is given permission to sell the licensors product or engage in activity relating to the licensor’s product, in consideration for a fee.
  • Liquidation
  • Individuals or businesses who wish to sell or supply restricted items, such as alcohol, must have a license or other authorisation from a licensing authority.
  • Maintenance contracts
  • An agreement between two or more parties in which one party will maintain an asset owned by another party.
  • Management Buy-in
  • A business transaction where an outside manager or management team purchases an ownership stake in the first company and replaces the exisiting management team by doing so.
  • Management Buyout
  • A business transaction where executive directors and/or managers of an outside company purchase some or all of the assets and operations of another company so that they effectively become that company’s new management.
  • Management Fees / Charges
  • A lease usually contains a provision for the Freeholder or a management Company (as agent) to charge a fee for managing an estate. Disputes can arise in relation to the level of the management fee charged and/or whether it is reasonable to charge a management fee at all.
  • Media and publishing agreements
  • A business transaction where executive directors and/or managers of a company purchase some or all of the assets and operations of the business they manage so that they have a controlling share.
  • Mergers
  • A voluntary business arrangement of two companies to amalgamate into a new single company.
  • Mergers & Collaborations
  • Mergers and collaborations allow two entities to join forces. A merger is when the functions and also the identity of one entity are taken over by another, this can be voluntary or opposed. Collaborations are where both entities retain their independence and identity, as well as their freedom. Although there are huge incentives there are also huge risks involved and we can help you find the right balance to fit your project and vision.
  • Methods of Enforcement
  • There are various methods of enforcing a judgment for the recovery of a debt (payment of a debt). The Civil Procedure Rules sets out the various methods that can be used by a judgment creditor.
  • Mezzanine financing
  • Gives the lender the right to convert to an ownership or equity interest in the company in case of default by the borrower.
  • Missing Absent Landlord
  • Missing freeholders can pose a problem when it comes to selling a leasehold property, remortgage a property, the first registration of a lease, if you wish to change a term of the lease, obtain the landlords consent under the terms of the lease, or extend a lease or purchase the freehold. This can affect the marketability of a property.
  • Missing or Absent Freeholders
  • Missing freeholders can pose a problem when it comes to selling a leasehold property, remortgage a property, the first registration of a lease, if you wish to change a term of the lease, obtain the landlords consent under the terms of the lease, or extend a lease or purchase the freehold. This can affect the marketability of a property.
  • Misuse or misappropriation of deposit funds
  • Landlord’s are under a legal duty to deal with a tenant’s deposit in a certain way.
  • Mitigation & reasonable excuse appeals
  • Where the taxpayer disputes the tax charged due to them having mitigating circumstances and/or a reasonable excuse.
  • Mixed Use Development
  • Mixed use developments that integrate residential, commercial, and other types of property, bring their own unique problems with competing interests and property management disputes.
  • MTIC fraud
  • Missing Trader Intra-Community fraud is the theft of Value Added Tax (VAT) from a government by organised crime gangs who exploit the way VAT is treated within multi-jurisdictional trading where the movement of goods between jurisdictions is VAT-free.
  • Negotiation / negotiating
  • To bargain with another party in order to find a result that could be beneficial to both parties.
  • Negotiating planning agreements
  • Legally binding agreements negotiated between the Planning Authority and the applicant/developer and any other party that may have an interest in the land. The local planning authority will seek to enhance the positive impact of new developments through planning obligations secured through Section 106 Agreements.
  • New lease of whole
  • This is where the whole of a building is leased (as opposed to a lease of part of a building or unit within a larger complex). The whole building may have its own grounds or may be set in common ground which is subject to a service charge or estate charge.
  • Non Restoration appeals
  • These are appeals to restore the goods on the basis that the goods themselves are not guilty.
  • Notice of Seizure
  • If neither you nor your agent is present when HMRC or Border Force seizes something from you, a Notice of Seizure will be sent to you or your agent listing the goods seized
  • Novation agreements
  • An agreement with the effect of replacing an obligation to perform with another obligation.
  • Nuisance Actions
  • Private or Public nuisance actions stem from the English law of torts, where the actions of one party cause a substantial or unreasonable interference with the use or enjoyment of another’s land.
  • Options
  • An option agreement or promotion agreement is a useful tool where a developer wishes to secure the right to purchase subject to a certain event, such as obtaining planning permission. The price and terms are agreed in a legally binding agreement that shall only take effect once the conditions in the agreement are satisfied.
  • Option to purchase
  • An agreement where the landlord (property owner) and the tenant agree that the tenant has the option of purchasing the property at the end of the lease term.
  • Outsourcing Contracts
  • Transferring portions of work to outside suppliers rather than completing it internally, often in an attempt to save costs.
  • Overage
  • An agreement made when land is sold so that the vendor may be entitled to receive a sum of money after completion of the sale if a specified condition is satisfied, such as when planning permission has been granted.
  • Parental leave
  • Qualifying parents are given the right to take unpaid time off work to care for their chidlren or make arrangements for their welfare.
  • Participation Agreement
  • When it comes to leaseholders joining together to purchase their freehold, they are required to sign a participation agreement, which is a contract between all the leaseholders and provides a legal basis for the action.
  • Partnering agreements
  • An agreement between two or more companies or individuals to place their capital, labour and skills into a business, with the understanding that there will be a sharing of the profits and losses between the parties/parnters.
  • Partnership insolvency
  • Partnerships can be treated as legal entities in their own right for insolvency purposes.
  • Patent revocation
  • When a patent is declared invalid as, for instance, it infringes another precedented patent.
  • Patents
  • A licence conferring a right or title for a set period of time to the licensee. Such rights include excluding others from making, using, or selling a certain invention.
  • Pensions
  • A regular payment made by a state to people over a certain age (retirement age), some widows and disabled people.
  • Pension and Trust Issues
  • The principles behind pensions law are largely based on trust law. Trustees and beneficiaries often find themselves in a dispute and our dynamic team can help you with all aspects of pension litigation (including negligence) and advise you on procedural issues and costs.
  • Perfection of Security
  • Satisfying certain procedural requirements to make the security valid against any relevant third parties.
  • Performance management
  • Ongoing process of communication between a supervisor and an employee that occurs throughout the employment year, in support of accomplishing company’s strategic objectives.
  • Personal Bankruptcy
  • Bankruptcy that is filed by an individual for non-business debts (or the majority are non-business debts).
  • Planning and Infrastructure agreements
  • An agreement between a developer and a public body.
  • Planning appeals
  • Appealing a decision of a local planning authority concerning a planning application.
  • POCA Receivers
  • Proceeds of Crime receiver is someone who is appointed to manage restrained assets or to enforce a confiscation order.
  • Pre-action checks
  • There a guidelines known as Pre-Action Conduct and Protocols that the court expects parties to reasonably comply with before starting proceedings.
  • Preparation and negotiation of Certificates of Title
  • There a guidelines known as Pre-Action Conduct and Protocols that the court expects parties to reasonably comply with before starting proceedings.
  • Prohibited or Restricted Goods
  • CCEPs do not apply to offences involving prohibited or restricted goods. In these instances, criminal proceedings will be taken.
  • Property dilapidation
  • Breaches of lease covenants that relat to the condition of the property leased.
  • Property Finance
  • There are various funding options when it comes to property, from auction finance, bridging loans, development loans, buy to let loans and commercial mortgages. Contact our expert Property Finance team to obtain legal advice.
  • Property Litigation
  • Our experts deal with disputes relating to property to owners, landlords, tenants and investors.
  • Property Management Disputes
  • With the increase of leasehold ownership, the number of property management disputes are rising fast. With a strict regulatory and legislative framework, disputes relating to the management of property can be complex..
  • Property Transfer
  • The ownership of property is transferred from one individual or company to another, with the effect that the property title is passed on to the reciever.
  • Property VAT
  • Value Added Tax on property transactions.
  • Provisional liquidations
  • After the lodging of a petition for the winding-up of a company by the court, but before the court hears and determines the petition, the court appoints a liquidator on a provisional basis.
  • Qualifying Criteria
  • In order to exercise their rights under the statutory regimes, tenants must first establish that they and the building they occupy satisfy the qualifying criteria, for the purchase of a freehold to house, the collective enfranchisement of a building and the extend their lease.
  • Rate of VAT Disputes
  • There is often dispute about the rate of VAT applicable to specific good, depending on their classification. Some goods are exempt from vat (ie not liable to vat charges), some are subject to vat. If subject to vat the rate of vat could be the standard rate or a zero rate
  • Reasonableness of service charges
  • The rules relating to service charges are set out in the Landlord and Tenant Act 1985. The Act defines what is considered a service charge, sets out the requirements for reasonableness which may vary according to the relevant costs. If you have a dispute relating to the reasonableness of service charges please contact our experts on 0161 820 8888.
  • Receivership
  • Where a receiver is appointed by the court or creditors to run the company that is insolvent.
  • Reconstruction / restructure debts
  • Process that enables a company who is experiencing financial difficulty to reduce and renegotiate its debts in an attempt to restore liquidity.
  • Redundancies
  • When an employee is dismissed from their employment, often due to the employer needing to reduce their workforce.
  • Refinancing Asset finance
  • Revising a payment schedule for fianancing assets.
  • Registration appeals
  • Appealing against the registration of VAT on a product.
  • Rejection of warehousing applications
  • Customs warehouse allows traders to store goods with duty or import VAT payments suspended. The trader must apply for this.
  • Remission Claims
  • Remission refers to waiving the obligation to pay import or export duty that has not yet been paid.
  • Rent Deposit Deed
  • Where the deposit is held by the Landlord on trust for the Tenant, subject to the terms of the rent deposit deed. Its effect is that if the Tenant defaults on payment of the rent, the rent deposit can provide a fund to cover the defaulted payment.
  • Repayment Claims
  • Repayment refers to refunding an amount of import or export duty that has been paid.
  • Requirements for security appeals for removal or mitigation
  • HMRC may ask for a deposit or bond if they believe that there is a risk that an individual/company will not pay their tax or duty on time. This is known as security. If the tax is not payed by the individual/company then HMRC can use the security to settle it.
  • Residential Conveyancing
  • The transfer of residential leasehold or freehold property to another.
  • Restoration
  • A process that HMRC or Border Force can use to return a seized thing to its owner, often for a fee
  • Restrictive Covenants
  • A clause in a contract that involves restricting what an employee can do after he has left the business. These clauses can, within reason, prevent an employee from competing with his former employer and/or from soliciting or dealing with customers for a certain period after the employee’s employment has been terminated.
  • Restructuring and redundancy
  • Restructuring is not the same as a redundancy when it comes to employment law. A redundancy is where either, the employees business (or part of it) has ceased to operate, and/or, the employers business has moved to a different place, and/or, the business need for a particular types of work has ceased or diminished. Therefore, in a redundancy situation, it is the role and not the person that is made redundant. However, in a restructuring situation, the particular type of work may still need to be done, but a business may decide to reorganise the business and decide that the work could be carried out by junior staff or split between other staff to obtain cost efficiencies. Therefore, it is the person not the role that is no longer required. Both methods of terminating employment can be fair providing the proper procedures are followed.
  • Right of First Refusal
  • Part 1 of the Landlord and Tenant Act 1987 as amended by the Housing Act 1996, provides certain tenants of certain buildings the statutory right to be offered the freehold interest before offering it on the open market. Failure to do so is a criminal offence punishable by a level 5 fine on conviction (currently £5,000) if the local authority decides to prosecute. The Landlord must give the appropriate notice under section 5A -5E of the LTA 1987 Act.
  • Right to Manage
  • The Commonhold and Leasehold Reform Act 2002 provides a statutory right for leaseholders to force the transfer of the landlords management functions to a statutory right to manage company. The process is started by sending the landlord a section 22 notice, giving them a chance to fix the problems.
  • Rights in confidential information
  • Confidential information can be protected and infringement can be penalised.
  • S.5 LRA 1967 Notice
  • Under the Leasehold Reform Act 1967, a Section 5 Notice must be served to start a tenant’s claim to acquire the freehold of a house
  • S.13 LRHUDA 1993 Initial Notice
  • Under the Leasehold Reform Housing & Urban Development Act 1993 (as amended), a Section 13 Initial Notice must be served upon the landlord to start the procedure for the tenants to collectively acquire the freehold.
  • s.20 Major Works Consultation
  • Prior to carrying out Major Works, Landlords / Management Companies must consult the tenants affected under the Service Charges (Consultation Requirements) (England) Regulations 2003. A section 20 consultation process involves, the service of a Notice of Intention, providing Notification of Costs Estimates, and finally the Notification of an award of the contract. Major works are generally works that cost over £250 per tenant, or £100 in any accounting period in the case of qualifying long term agreements (QLTA)
  • Sale of goods
  • A contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a monetary consideration (the price).
  • Sale of Goodwill
  • The established reputation of a business gained from having a solid customer base and good customer and employee relations amongst other things. Goodwill is an intangible but saleable asset, so if the business is sold the selling price reflects the goodwill of the business.
  • Section 106 agreements
  • A mechanism which make a development proposal acceptable in planning terms, that would not otherwise be acceptable. They are legally binding agreements between local authorities and developers.
  • Section 38 and Section 278 Agreements
  • Section 278 Highway Act 1980 allows a developer to carry out works to the public highway. Section 278 agreement are often entered into alongside section 38 agreements, which enables developers to ask the highway authority to adopt new roads along with associated infrastructure.
  • Securing IP ownership
  • A mechanism to protect an idea/creation (intellectual property).
  • Secured Loan
  • Capital borrowed that is secured against an asset. In the event of default, the lender can take the borrowers secured assets to recover their losses.
  • Seeking annulments
  • The cancellation of bankruptcy.
  • Seizure
  • The physical act of HMRC or Border Force taking possession of a thing which they believe to be liable to forfeiture under the Customs and Excise Acts
  • Seizure Information Notice
  • A Seizure Information Notice is handed to you or your agent if one of you is present when HMRC or Border Force seizes something from you. It lists the goods that have been seized
  • Service Charge
  • Reasonable fees which leaseholders are liable to pay their landlord in consideration for the cost of maintaining the premises that they lease.
  • Service Level Agreements
  • A contract between a service provider and the end user that defines the level of service expected from the service provider.
  • Services to Lenders
  • Our expert legal team provides, legal support to lending institutions and financial services companies, from ensuring legal compliance for the security of your loan to debt recovery and enforcement.
  • Serving the Initial Notice
  • The start of the process to notify the freehold owner (landlord) that the leaseholder wishes to purchase the freehold to start the enfranchisement process.
  • Set up the freehold company
  • When there are enough leaseholders to participate in collective enfranchisement, the leaseholders can either set up a company or buy the freehold in you individual names as trustees.
  • Settlement Agreements for Employers
  • Legally binding contracts which can be used to end the employment relationship on agreed terms.
  • Share Sales and Purchase Agreement
  • A legally binding contract between a buyer and seller of shares in a company, which stipulates the amount and price of the shares that are to be sold and purchased.
  • Share Schemes
  • A scheme to buy certain shares.
  • Shareholder agreements
  • An agreement entered into between all or some of the shareholders in a company, which effects the relationship between shareholders, the management of the company, ownership of the shares/company and the protection of the shareholders.
  • Shares
  • The capital of a company is divided into shares. Each share represents a unit of ownership of a company, which in turn represents an equal proportion of a company’s capital. An individual or company who owns a share is called a shareholder.
  • Site Assembly
  • A process of performing final assembly of product at the location of the end user (the site) rather than at the manufacturing facility.
  • Software licences
  • Legal document governing the use or redistribution of software.
  • Statutory Agreements
  • Statutory agreements are agreements with local authorities or central government agencies or with utility suppliers to do certain things or mitigate the effects of a development. The agreements could take the form of a Section 106 agreement for the enhancement of an area, Section 38/278 Highways Agreement for the provision of roads, Section 104 agreements for drainage and water infrastructure.
  • Statutory breaches by the landlord (such as entering without sufficient warning)
  • The Landlord has numerous obligations under statute, which must be complied with otherwise the Tenant may have a cause of action against the landlord.
  • Statutory Demands
  • Where a creditor is owed money, the creditor can issue a statutory demand, which is a formal written request that a debt must be paid by a certain date.
  • Subcontractor agreements
  • Where a general contractor hires an individual or company (subcontractor) to perform a specific task/job within an existing project.
  • Supply of services
  • Where an individual/company supplies services as opposed to goods, such as performing a certain task.
  • Tariff Classification/BTI Appeals
  • Imports and exports must be classified correctly in order to ensure that the right duty and VAT is being paid on the goods and to be cleared through Customs. Inporters or exports can apply for a Binding Tariff Information decision. A BTI is intended to give the importer or exporter assurance about the correct Tariff classification of their goods.
  • Tariff Preference claims
  • Pereference means the importer pays a lower rate of import Customs Duty and/orlevy charge, or none at all, on their goods. To obtain preference, the importer must show that the goods have met certain origin rules.
  • Technology transfer advice
  • The transfer of new technology from the originator to a secondary user.
  • Tenancy agreements
  • A contract between a Tenant and a Landlord that enables the Tenant to lease the Landlord’s property and that gives both parties certain rights and obligations relating to the property leased.
  • Tenant
  • An individual or company who occupies land/property that is rented/leased from a Landlord.
  • Tenant insolvency effects
  • If a Tenant becomes insolvent this can effect the Landlord.
  • Tender Documentation
  • A Tender is a submission made by a prospective supplier or buyer in response to an invitation to tender.
  • Terms & Conditions
  • Rules that a party must agree to abide by in order to use a service or buy a product.
  • Title Disputes
  • Title Disputes typically relate to ownership of land, such as boundary disputes, adverse possession, or other interference with an owners rights.
  • Third party debt orders
  • An order that stops the judgment debtor taking money out of their bank bank or building society account. The money that the judgment creditor is owed from the debtor will be paid to the creditor from the account.
  • Tracing People or Assets
  • Investigating individuals or companies and/or their assets.
  • Trade mark
  • A trademark is a symbol or words that represent and distinguish a brand, product, service or company and may be designated by the following symbols: ™ . Common law trademarks offer the holder in general less legal protection than registered trademarks.
  • Trade Secrets or Know How
  • A Trade secret or know how is the confidential commercial knowledge on how to do something by which a business has an advantage over others in the same industry. This knowledge is protectable without formal registration or procedural formalities. However, for the information to be classified as secret, it must not be generally known or readily accessible to circles that readily deal with this kind of information, it must have commercial value and the owner must have taken reasonable step to keep it a secret.
  • Trade mark protection, oppositions, in-validations, infringements and passing off
  • Obtaining a trade mark gives the licence holder legal protection in relation to the use of the idea.
  • Transfer of a Going Concern
  • Transfer of a business as a going concern. Subject to certain condition, when the assets of all or part of a business are transferred as a going concern, the supply is outside the scope of VAT. The assets transferred must not contain any land and buildings and the purchaser must use the assets transferred to carry on the same kind of business as the seller.
  • Transferring Leases
  • When a Tenant/leaseholder wishes to exit the terms of their lease by transferring the lease over to someone else who will then be responsible for payment of the lease.
  • Trust
  • An legal arrangement whereby a person (the trustee) holds property as its nominal owner for the good of a beneficiary (owner of the trusted property).
  • Trustee Duties
  • A trustee has a legal obligation to carry out the duties conferred upon them by the trust.
  • Trustees in Bankruptcy
  • A person taking administrative responsibility for the financial affairs and assets of a bankrupt and the distribution of the bankrupts assets to its ceditors.
  • TUPE
  • The effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006 is to protect employment rights when the business the outgoing employee works for transfers to a new employer, effectively transferring the employee from one business to another.
  • Unfair and wrongful dismissal
  • Where an employees contract of employment has been terminated for reasons or due to a situation that can not or should not have been used.
  • Unfair lease agreement
  • Leases that are not individually negotiated and which possess legally unfair contract terms.
  • Unlawful eviction
  • A criminal offence whereby the landlord evicts the Tenant wrongfully by not following the correct procedures to regain possession and/or evict the Tenant.
  • Unsecured Loan
  • Capital borrowed with the borrower promising to make regular payments until the loan and interest is paid in full.
  • VAT
  • Stands for Value Added Tax. VAT is added to a product’s sale price.
  • Venture Capital / Investment
  • Financing/capital that an investor provides, often to a new or expanding business, in exchange for equity in the company they have invested in.
  • Vesting Orders
  • Vesting Orders is an equitable remedy used to pass legal title of disclaimed property to someone claiming an interest in that property. For example a tenant where the freeholder is missing, where a company has become dissolved and left assets behind that are potentially bona vacantia, where property was held in trust for another, or where someone is incurring a liability in respect of the disclaimed property and where someone is entitled to occupation.
  • Voluntary Arrangements
  • Debtor comes to an arrangement with his creditors to pay his debts in full or in part over time as an alternative to bankruptcy.
  • Voluntary Liquidations (creditors and members)
  • Both relates to what happens to proceeds of sale of a company that is insolvent or experience financial difficulty. A Members Voluntary Liquidation results in the proceeds of sale going to the shareholders of the company. A Creditors Voluntary Liquidation results in the proceeds of sale going to the creditors to satisfy the debts.
  • Warranties
  • A formal written guarantee, issued to the purchaser of an item by its manufacturer, promising to repair or replace the item if necessary within a specified period of time.
  • Winding-up petitions
  • A legal notice put forward to the court by a creditor to have an insolvent company liquidated as a way of enforcing payment of a debt.
  • Workforce Re-organisation
  • Changing the terms and condition of employment to reduce costs or to improve efficiencies in a business.
  • Wrongful Trading
  • Allowing a company to continue trading in a situation where a reasonably diligent person would have realised that the company would become insolvent. The Directors who knew or ought to have known that the company’s insolvency was inevitable may be held personally liable to its creditors if the company becomes bankrupt or is liquidated.