The following Family practice note Produced in partnership with David Salter provides comprehensive and up to date legal information covering:
The Presumption of Death Act 2013 (PDA 2013) came into force on 1 October 2014 and extends to England and Wales only. Previously, there had been a common law rebuttable evidential presumption that a person was deemed to be dead after a seven-year absence alongside a number of statutory provisions (eg section 19 of the Matrimonial Causes Act 1973 (MCA 1973) and section 37 of the Civil Partnership Act 2004 (CPA 2004)) which contained specific procedures, dealing with different aspects of a missing person’s property and affairs, under which a missing person might be presumed dead. PDA 2013 introduced a procedure enabling a declaration to be obtained from the High Court (Family Division or Chancery Division) that a missing person is deemed to have died effective for all purposes.
The court must make the declaration sought if satisfied that a missing person has died, or has not been known to be alive for a period of at least seven years. The declaration must include a finding as to the date and time of the missing person’s death.
Where the court is satisfied that the missing person has died, but is uncertain which moment during the period the missing person died, the finding must be that the missing person is presumed to have died at the end of that period. The period for the purposes of PDA
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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