"I would say that the amount of time I take to draft a good, comprehensive submission has been cut down by at least 60 to 70%. Having all these sources, commentary and journals at my fingertips is brilliant."
ParrisWhittaker
Access all documents on Personal property
Personal property (or personalty) comprises all the forms of property, movable or immovable, corporeal and incorporeal, other than the freehold estates and interests in land (which include chattels affixed to land) and its appurtenances.
Personal property is divisible into two classes: chattels personal; and chattels real. Chattels personal have retained much of their former individuality; in particular, the rules that govern the acquisition and alienation inter vivos of chattels personal differ from those applicable to real property.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Checklist and timeline for disclaimer—checklist Disclaimer in bankruptcy Summary Party responsible Detail Time Limit References Step 1 – Application requiring the trustee in bankruptcy to decide whether to disclaim the property Any person interested in any property held by a bankrupt Application in writing sent to the trustee in bankruptcy Such application may be made to the trustee in bankruptcy at any time prior to disclaimer of the property Section 316 of the Insolvency Act 1986 (IA 1986)Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 19.9 Step 2 – Application to court to extend date for decision Trustee in bankruptcy An insolvency application notice filed at court together with evidence in support Within 28 days of the interested person’s application IR 2016, SI 2016/1024, r 19.9(3) Notice of the application to be given to the interested party Unless the court directs otherwise, not less than 14 days before the hearing date IR 2016, SI 2016/1024, r 12.9 Step 3...
Cash searches—checklist Code of Practice The search powers covered in this Checklist are subject to the Recovery of cash: search powers, code of practice under section 292. Cash search powers A police, immigration, customs, Serious Fraud Office (SFO) officer or an accredited financial investigator (the relevant officer) may only exercise the power to search where the following criteria are met: Premises • the relevant officer must already have lawful authority to be present on the premises either under another statutory power or by invitation • the relevant officer must have reasonable grounds to suspect that cash is on the premises that is either recoverable property or is intended for use in unlawful conduct, see Practice Note: Cash searches under the Proceeds of Crime Act 2002 • the relevant officer must have reasonable grounds to suspect that the amount of cash is greater than the statutory minimum amount of £1,000 Vehicles • it must appear to the relevant officer that the vehicle is under the control of a person (ie the...
Discover our 5 Checklists on Personal property
This Practice Note considers the point at which property, title and risk pass from a seller to a buyer in a business to business (B2B) sale of goods transaction depending upon the nature of the goods, the intention of the parties, the terms of the contract to which the sale is subject, and the provisions of the Sale of Goods Act 1979 (SGA 1979).In a sale of goods contract it is the duty of the buyer to accept and pay for goods in exchange for the seller delivering the goods to the buyer, in accordance with the terms of the contract of sale.A sale of goods from a seller to a buyer will involve the passage of property, title and risk. The point at which that occurs depends on the nature of the goods, the intention of the parties, the terms of the contract to which the sale is subject, and the provisions of the SGA 1979.Are property and title the same?There is an apparent distinction in SGA 1979, Part...
Ireland—Restrictions on loans, quasi-loans, credit transactions, guarantees to directors, connected persons and related arrangements The Companies Act 2014 (Ireland) (CA 2014 (IRL)) contains a general prohibition on companies entering into certain types of transactions with its directors or persons connected with its directors including, a loan or a quasi-loan, a credit transaction, the provision of a guarantee or security by the company. A company may not: • grant a loan or quasi-loan to a director of the company or its holding company or a connected person • enter into a credit transaction for the benefit of a director or a person connected with a director • give a guarantee or provide any security in connection with any (i) or (ii) • indirectly take part in any the above arrangements by way of an assignment or assumption of any rights, obligations, or liability which, if entered into by the company would have been in breach of (i)-(iii) above unless the transaction is either exempt under the criteria set out in more...
Discover our 82 Practice Notes on Personal property
Letter of intent—construction—employer friendly From: [insert name of Employer (the ‘Employer’)] To: [insert name of Contractor (the ‘Contractor’)] Date: [insert date] Dear [insert name of Contractor] [insert full project name and/or description/location of the works] (the ‘Works’) 1 We refer to your tender ([insert reference]) dated [insert date] and to [insert details of subsequent correspondence and any other specific documents containing details of the Works]. 2 We are pleased to inform you that, subject to terms being agreed between us, it is our intention to accept your offer (contained in the documents referred to in paragraph 1 above) and enter into a contract with you for the carrying out of the Works. 3 It is intended that the form of contract will be based on the [insert form of proposed contract], as amended by a schedule of amendments and annexures as attached to this letter (together the ‘Contract’). The Contract will also incorporate the following documents: [insert proposed Contract Documents] (the ‘Contract Documents’) The following items are not...
Cohabitants—deed of separation This DEED is made on [insert date and month] 20[insert year] Parties 1 [Insert name of first party] of [insert address of first party] ([AB]) and 2 [Insert name of second party] of [insert address of second party] ([BC]). Recitals (A) The Parties intend that this Deed shall be legally binding on them and their respective personal representatives and estates. (B) [Both Parties acknowledge that they have had the benefit of independent legal advice as to the terms and effects of this Deed OR [AB OR BC] has taken independent legal advice as to the terms and effects of this Deed and [AB OR BC OR has been advised to do so]. (C) Both Parties have entered into this Deed freely and voluntarily. (D) The Parties [lived together from [date] to [date] OR intend to separate from [date]] and the purpose of this Deed is to create legally binding arrangements as to financial and other matters on their separation. (E) [AB OR...
Dive into our 9 Precedents related to Personal property
Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia? When a company registered in England and Wales is dissolved, all property and rights vested in or held on trust for it (including leasehold property) will be deemed bona vacantia (meaning ‘ownerless property’) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The treatment of companies incorporated outside the UK (overseas companies) is dealt with in Part 34 of the Companies Act 2006 (CA 2006), which gives the Secretary of State power to make regulations to impose on overseas companies various registration, reporting and disclosure requirements. The two principal regulations dealing with overseas companies are: • the Overseas Companies Regulations 2009, SI 2009/1801 • the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009/1917, as amended by the Overseas Companies (Execution of Documents and Registration of...
Can an employer bring a negligence claim against an employee or worker for breach of duty? This Q&A has assumed that the worker has employee status, but the response also includes some information regarding duties owed by a worker or consultant. The employment status of the individual may be relevant when considering the scope of the duties that are owed to the employer. For information on employee and worker status generally, see Practice Notes: Employee status and Worker status. This response assumes that the worker has employee status but also includes some information regarding duties owed by a worker or consultant. Terms of the contract The contract of employment may be made up of all or any of the following: • express terms (which may be written or oral) • implied terms • imposed terms • incorporated terms For more information generally, see Practice Notes: Types of contractual term in employment and The term of trust and confidence. Duties of a worker...
See the 54 Q&As about Personal property
This Q&A considers whether a beneficiary, who is also a co-executor of a Will, can make a claim pursuant to TOLATA 1996, s 14, where the property has not been transferred into the names of the executors.
Law360, London: On 27 June 2024, the Court of Appeal of England and Wales handed down judgment in the case of R (on the application of World Uyghur Congress) v National Crime Agency.
Read the latest 7 News articles on Personal property
**Trials are provided to all ÑÇÖÞÉ«ÇéÍø content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ÑÇÖÞÉ«ÇéÍø services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234