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GLOSSARY

Postal operator definition

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What does Postal operator mean?

“Postal operator” means a person providing a postal service to persons in the United Kingdom.

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Offences under the Investigatory Powers Act 2016—checklist

Offences under the Investigatory Powers Act 2016—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. In addition, the government has introduced new and amended codes of practice under the Investigatory Powers Act 2016 (IPA 2016) which were brought into force on 6 June 2025 by the Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025, SI 2025/656 (see: LNB News 09/06/2025 23). This Checklist is in the process of being updated to reflect the changes. The Investigatory Powers Act 2016 (IPA 2016) overhauled the legal framework governing the use of covert surveillance by public bodies. IPA...

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Severance of a joint tenancy

Severance of a joint tenancy Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has occurred. There are limitations: • there can be no severance by will • only a beneficial/equitable interest can be severed—a legal estate must be held by way of joint tenancy (see section 36(2) of the Law of Property Act 1925 (LPA 1925) and Practice Note: Establishing a beneficial interest (joint ownership)). The consent of the other joint tenants is not required for an individual co-owner to sever a joint tenancy. Any joint tenant can sever the tenancy at any time. Severance by statutory notice It is usual to consider whether a joint tenancy should be severed when advising on relationship breakdown. Severance may be effected by statutory written notice under LPA 1925, s 36(2). This is the method most commonly used. The notice need not be in any particular form; it need not even use the term...

Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016

Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. In addition, the government has introduced new and amended codes of practice under the Investigatory Powers Act 2016 (IPA 2016) which were brought into force on 6 June 2025 by the Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025, SI 2025/656 (see: LNB News 09/06/2025 23). This Practice Note is in the process of being updated to reflect the changes. The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing...

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An individual (A) cohabited with their partner (B), and discovered at the date of B’s death that B had divorced A the year before, but A did not receive any notice of the proceedings and suspects that the divorce was obtained by fraud. The joint tenancy of the family home was severed and A suspects that any divorce documents and notices sent to the property shared with B were deliberately hidden. Can the documents that were deliberately hidden from A invalidate the severance?

An individual (A) cohabited with their partner (B), and discovered at the date of B’s death that B had divorced A the year before, but A did not receive any notice of the proceedings and suspects that the divorce was obtained by fraud. The joint tenancy of the family home was severed and A suspects that any divorce documents and notices sent to the property shared with B were deliberately hidden. Can the documents that were deliberately hidden from A invalidate the severance? This Q&A assumes for the purposes of this answer that, prior to B’s death, A and B were married during their cohabitation. There have been a number of recent decisions involving allegations of fraud in the obtaining of a divorce, for example, Grasso v Naik and Bhatoo (Twenty One Irregular Divorces), Shahzad v Mazher and Randhawa v Randhawa (where the proceedings had been concealed from the wife respondent and her signature forged by the husband on the acknowledgment of service). However, it is suggested...

If a notice of severance is served stating unequal shares and the recipient of the notice does not sign the notice indicating their agreement to the stated shares but a Form A restriction is registered, and then one of the parties subsequently dies, will the beneficial interest be held in the shares stated in the notice or in equal shares?

If a notice of severance is served stating unequal shares and the recipient of the notice does not sign the notice indicating their agreement to the stated shares but a Form A restriction is registered, and then one of the parties subsequently dies, will the beneficial interest be held in the shares stated in the notice or in equal shares? Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants. The beneficial interest in the property can, however, be held by the co-owners either as: • joint tenants, or • tenants in common If the co-owners are joint tenants, each has an indivisible share in the property, where each owns the whole, rather than an identifiable share of the property. The right of survivorship applies so on the death of one joint tenant, the...

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