GLOSSARY

Prescribed form definition

What does Prescribed form mean?

A specific form as dictated by the Act or Rules applicable to the subject matter.

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End of life planning

End of life planning Importance of discussing end of life plans Towards the later stage of a person’s life, conversations may take place between them, their families and those who look after them, such as doctors and other health care professionals to understand and share expectations and wishes regarding future care and treatment. These important conversations can help the person make informed decisions, plan ahead, give them control over care and treatment they receive or do not want to receive, and provide peace of mind. The person’s plans can include any, or all of, the following: • making a health and welfare lasting power of attorney (LPA) appointing another person or persons to make decisions, if and when they lack mental capacity to make a decision for themselves • making an advance decision to refuse specified medical treatment in specified circumstances in the future • setting out their wishes for care and treatment in an advance statement or an advance care plan, which may be taken into account when care and treatment is being provided Sometimes the person’s decision to refuse treatment may come into conflict with their own family’s wish for treatment to be provided. To avoid conflict, they should discuss their views and plans with the people who care about them. This is particularly important if the person has made an advance decision to refuse treatment and they then make a

Application to appoint a deputy

Application to appoint a deputy Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution. When it is not, the court can order that a deputy be appointed to deal with the issue in question or to act on an ongoing basis, particularly if the incapacity is likely to continue into the future. The power of the court to appoint a deputy is contained in section 16 of the Mental Capacity Act 2005 (MCA 2005). This Practice Note explains the procedure for making a first application to appoint a deputy. For guidance as to who may be appointed as deputy and the factors the court will consider in assessing an application, see Practice Note: Choosing the deputy. For guidance on removing or replacing deputies, see Practice Note: Changing or ending a deputyship. The application process An application for the appointment of a deputy is commenced in the same way as any other first application and should be made in accordance with Part 9 of the Court of Protection Rules 2017. On a first application, the following documents must be lodged with the Court of Protection: • COP1 application form in duplicate • Supporting information, which can be: ◦ in form COP1A for property and affairs applications, or ◦ in form COP1B for health and welfare applications • COP3

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Drafting notes for section 8 notice to quit seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST)

Drafting notes for section 8 notice to quit seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST) How to use these s 8 notice to quit precedent drafting notes The section 8 notice should be in the following form: • Section 8 Notice for properties in England • Form: Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy (Wales) for properties in Wales These drafting notes are for use in completing the section 8 notice only. Precedents relevant to s 8 notice to quit In addition to the s 8 notice to quit itself, for other relevant precedents on the s 8 possession procedure, see: • Drafting notes for claim form in section 8 notice proceedings for possession of property (assured tenancy (AT) or assured shorthold tenancy (AST)) for non-payment of rent and or other breaches • Drafting notes for particulars of claim in section 8 notice proceedings (assured tenancy (AT) or assured shorthold tenancy (AST)) (non-payment of rent and/or other breaches) • Drafting notes for defence to section 8 possession proceedings brought for non-payment of rent • Drafting notes for defence to section 8 possession proceedings brought on grounds other than non-payment of rent (other breaches defence) General points when drafting a s 8 notice to quit A section 8 notice is for use when seeking possession of residential accommodation let under an

Application—extension of time for presenting response (after time limit has expired)

Application—extension of time for presenting response (after time limit has expired) [Insert date] [Insert] Employment Tribunal [Insert address] To the [insert] Employment Tribunal [Insert name of case, eg X v Y] Claim Number: [insert claim number] Rule 20(1) Application for an extension of time for presenting the response after the time limit has expired We apply on behalf of the Respondent, under rules 5 and 20(1) of the Employment Tribunal Rules of Procedure 2013, for an extension of time for presenting the response. [The Respondent’s draft response accompanies this application. OR The Respondent has not been able to attach its draft response because [insert reasons].] In addition to an extension of time, the Respondent requests that the Tribunal accepts the response and sets aside any judgment issued under rule 21. The Respondent requests the extension of time for the following reasons:[ insert reasons, eg:] [ [ Example 1: ]Despite the claim form being sent by the Tribunal on [insert date] it was only received by the Respondent on [insert date]. The Respondent acted promptly as soon as it became aware of the claim.] [ [ Example 2: ]There was a delay in the claim from being transferred internally from the delivery address to [the relevant managers OR the Respondent’s HR team]. This was because [insert reasons, eg the employees at the delivery office did not appreciate the significance of the document, or know to whom it should be sent

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What is the procedure to end a monthly assured periodic tenancy which has come about by the service of a notice pursuant to paragraph 4(1) of the Local Government and Housing Act 1989 in 2013 which terminated the long residential tenancy?

What is the procedure to end a monthly assured periodic tenancy which has come about by the service of a notice pursuant to paragraph 4(1) of the Local Government and Housing Act 1989 in 2013 which terminated the long residential tenancy? Schedule 10 to the Local Government and Housing Act 1989 (LGHA 1989) makes provision in relation to security of tenure on the ending of long residential tenancies. Paragraph 4(1) of Schedule 10—which is entitled ‘Termination of tenancy by the landlord’—states: ‘(1) Subject to sub-paragraph (2) below and the provisions of this Schedule as to the annulment of notices in certain cases, the landlord may terminate a long residential tenancy by a notice in the prescribed form served on the tenant— (a) specifying the date at which the tenancy is to come to an end, being either the term date or a later date; and (b) so served not more than twelve nor less than six months before the date so specified.’ Where a landlord has terminated a long residential tenancy under LGHA 1989, Sch 10 by serving a landlord’s notice which proposes an assured tenancy, the tenant is entitled to remain in the subject property and will be entitled to do so on the basis of an assured periodic tenancy. This assured periodic tenancy is provided for by paragraph 9(1) of Schedule 10: ‘Where a long residential tenancy (in this paragraph

Do the qualifying decision procedures and deemed consent procedure in sections 246ZE–246ZF of the Insolvency Act 1986 (IA 1986) apply in members’ voluntary liquidations? IA 1986, s 91 provides that the liquidator should be appointed at a meeting of members, but once appointed would IA 1986, ss 246ZE–246ZF apply?

Do the qualifying decision procedures and deemed consent procedure in sections 246ZE–246ZF of the Insolvency Act 1986 (IA 1986) apply in members’ voluntary liquidations? IA 1986, s 91 provides that the liquidator should be appointed at a meeting of members, but once appointed would IA 1986, ss 246ZE–246ZF apply? Sections 246ZE and 246ZF of the Insolvency Act 1986 (IA 1986) were introduced by section 122 of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015). IA 1986, s 246ZE(1) itself states, ‘[t]his section applies where, for the purposes of this Group of Parts, a person (‘P’) seeks a decision about any matter from a company's creditors or contributories’. The ‘Group of Parts’ to which it refers includes IA 1986, ss 91–96, the provisions concerning members’ voluntary liquidations (MVL). This tends to suggest that the qualifying decision and deemed consent procedures do apply to MVLs. However, the title to SBEEA 2015, s 122, is ‘Abolition of Requirement to Hold Meetings: Company Insolvency’. The Explanatory Note to SBEEA 2015 confirms this: ‘These sections amend the Insolvency Act 1986 so that physical meetings will not be the default mechanism for seeking decisions from creditors and contributories in insolvency proceedings.’ MVL is not, in fact, an insolvency proceeding, requiring as it does a declaration of solvency before the company can enter MVL. IA 1986, s 91 provides that a liquidator is appointed in an

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CPR changes—in force 1 October 2022

Dispute Resolution analysis: Various upcoming Civil Procedure Rules (CPR) changes, provided for by the Civil Procedure (Amendment No 2) Rules 2022 will largely come into force on 1 October 2022. Amendments made to CPR 55 (possession claims), CPR 56 (landlord and tenant claims), and CPR 65 (crown proceedings) will come into force 1 December 2022. The rules will amend CPR 2 (application and interpretation of the rules), CPR 3 (court’s case management powers), CPR 4 (forms), CPR 5 (court documents), CPR 6 (service of documents), CPR 7 (How to start proceedings — the claim form), CPR 8 (alternative procedure for claims), CPR 12 (default judgment), CPR 15 (defence and reply), CPR 16 (statements of case), CPR 24 (summary judgment), CPR 26 (case management), CPR 36 (offers to settle), CPR 38 (discontinuance), CPR 49 (specialist proceedings), CPR 52 (appeals), CPR 54 (judicial review and statutory review), CPR 58 (commercial court), CPR 59 (circuit commercial court), CPR 61 (admiralty claims), CPR 62 (arbitration claims), CPR 73 (charging orders), CPR 81 (applications and proceedings in relation to contempt of court), CPR 84 (enforcement by taking control of goods), CPR 87 (applications for writ of habeas corpus). Amendments made to CPR 45 (fixed costs), CPR 46 (costs special cases) and CPR 63 (intellectual property claims) will only apply to claims made on or after 1 October 2022.

Minutes of the CPR Committee meeting—10 June 2022

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 10 June 2022 (held via video conference) cover a number of issues, including unexplained wealth orders (UWO), amending CPR 49, CPR 20, CPR 81, CPR 52 and CPR 46. Note that the CPRC no longer circulate the underlying papers with the minutes and so no documents explaining the issues discussed are provided with this News Analysis.

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