Posted: February 18th, 2015
Read the Case Study below before undertaking the exercises which follow:
John Smith and Mark Edwards have been living together for four years. John is a successful lawyer in a large city firm and Mark is an aspiring writer who has yet to find a publisher for his first novel. They live in John’s three bedroom townhouse at 33, Acorn Avenue, Langley, RX23 4SR, and Mark takes care of the house and cooks all their meals.
At a recent party, John met Ian, with whom he has fallen in love, and they plan to marry. When John told Mark of his plans, he told Mark that he, Mark, would have to leave the house and find another home.
Mark has nowhere else to live and has very limited funds. He refused to leave the house and since then John has made life there very unpleasant for him. He has frequently criticised Mark’s cooking skills and his inability to find a publisher in front of their friends and last week he threw a bowl of pasta at Mark, narrowly missing Mark but breaking a kitchen window.
Last night John came home late, drunk. He took a carving knife out of a drawer in the kitchen, held it against Mark’s neck and told him that if he had not moved out by the next day, he, John, would not be responsible for his actions.
Mark is terrified of what John might do but he wants to continue to live in the house because of his circumstances and as it is close to the hospice where his terminally ill father is living.
Your task is to undertake the following TWO (2) exercises, producing the relevant documentation where appropriate.
Citing case law and statutory authority, explain whether Mark will be able to obtain a personal protection order, remain in the house and exclude John from it at this time.
Download and complete the relevant court documentation.
These exercises should take the format of a portfolio consisting of legal advice and the completed relevant court documentation.
Please visit the website below to access this documentation:
ONLY Use the downloadable UK documents such Registration from of registration of the company and download court UK documentation only onhttp://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117
and other articles and journals and cases and statutory only from the UK jurisdiction.
Language: UK English
Family Law: 20 number of sources UK only.
2- Company Law on Registration of a company.
In 2009, Sirius Pink purchased a large, disused school for £300,000. He now intends to convert the property into a nursing home, which he will then manage. Sirius will need substantial capital in order to pursue his plans, and his cousins, Petunia White and Dumbledore Old, have indicated that they are willing to join the business and help him run the nursing home. Hermione Yellow, a retired housewife, is also willing to invest £100,000 in non – voting preference shares in the company. Hermione is insisting that she be given the right to remain a director for as long as she is a shareholder, so that she can `keep an eye on her investment’.
The following additional information has been provided:
– A shelf company, JLIT Shelf Company 06897 Limited (fictitious) will be used as the vehicle for the new business.
– The company’s name will be changed to Rest Care Ltd.
– The company will have an issued share capital of £150,000, comprising 150,000 fully paid ordinary shares of £1 each.
– Sirius, Petunia and Dumbledore will all invest £50,000 in exchange for 50,000 ordinary shares at £1 each.
– The company will adopt the Model Articles for private companies limited by shares.
– Sirius, Petunia and Hermione will be appointed directors of the company.
– Once established, the company will enter into a loan agreement with Grainger Bank for £70,000 to be secured by way of a first
fixed and floating charge over all the assets of the company.
Your task is to undertake the following TWO (2) exercises, producing the relevant documentation where appropriate:
Download the relevant forms from the Companies House website; complete the INO1 Forms as required by s9 of the Companies Act 2006, inserting the details of Petunia, Hermione and Dumbledore.
You are also required to advise Sirius with regard to the following issues:
i) The tax implications for the company and Sirius in respect of any salary or dividends received by him from the company.
ii) Steps to protect him and Hermione from removal as a director.
Assuming that Sirius intends to sell the disused school which he bought in 2009 to the company for £500,000, explain how the law governing promoters would apply to such a sale.
Advise Sirius on steps the company needs to take to accept the proposed loan from Grainger Bank plc and draft the necessary documents to secure the loan.
These exercises should take the format of a portfolio consisting of legal advice and the completed documents.
Language: UK English
Company Law: 20 number of sources UK only.
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