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NEWS
Family analysis: A 15-year-old girl, who was subject to a care order, made an application to change her forename and surname because both had a strong negative association with her father, in circumstances where findings had been made that the father had raped and sexually assaulted her. The mother opposed the application, contending that the child could be known by the mother’s surname, which was not the same as that of the father. The local authority opposed the application on the basis that the child could use her preferred name without changing it legally. The local authority submitted that changing her name legally at this stage would not be in the child’s best interests, there was a real risk that the child’s relationship with her family would break down should she legally change her name and the child’s case was vastly different to the facts before the court in Re S (Change of Surname). The father played no part in the proceedings. Poonam Bhari, barrister at 3PB Chambers, examines the issues.
GLOSSARY
In legal practice, a change of circumstances is a supervening event that materially alters the facts on which a right, obligation, order or valuation was based.It is a descriptive expression, not a defined term. In contract law across the UK and Ireland, such changes may engage a force majeure clause or, exceptionally, the doctrine of frustration (where performance becomes impossible or radically different).In family law, parties commonly invoke a material change of circumstances to seek variation, suspension or discharge of periodical payments (spousal maintenance) and child maintenance/support, or to vary child arrangements/contact orders. Variation is governed by statute and case law: for example the Matrimonial Causes Act 1973, the Child Support Act 1991 (Great Britain) and the Child Support (Northern Ireland) Order 1991, and in Ireland the Family Law (Maintenance of Spouses and Children) Act 1976 and Family Law (Divorce) Act 1996. Decision‑makers assess materiality, durability and fairness; a child’s welfare is paramount.In rating/valuation, a material change of circumstances (MCC) can justify altering a non‑domestic rating list on appeal, typically for physical changes to the hereditament or its locality, under the Local Government Finance Act 1988, with analogous regimes in Scotland, Northern Ireland and Ireland.
GLOSSARY
A change of control of the group (eg the sponsor ceasing to control the group) is typically a mandatory prepayment event. Change of control will be carefully defined and will vary from transaction to transaction.
PRECEDENTS
1 Change of control 1.1 In this clause, the following definitions apply: Authorised Controller[s] • [[name] [of OR incorporated in England and Wales (company registration number [number)] and whose registered office is at [address]] [and [name(s)
GLOSSARY
Notice sent to interested parties'>third parties (such as the target company’s contractual counterparties where the contract includes provisions requiring the contractual counterparty consent to any change of control) that there has been a change of ownership (generally known as a change of control). The failure to attain such consent may trigger termination provisions resulting in the target company losing the contract. Depending on whether the notice is issued before or after completion, this document gives notice that the target company will soon be or is now owned by a third party (ie the buyer).
PRECEDENTS
Headed notepaper of target company To: [Insert name and address of contractual counterparty/interested third party] [Insert date] Dear [insert individual/organisation name] Notice of change of control [We refer to the agreement dated [insert date] between [insert target company name] and [insert contractual counterparty name] relating to [insert details of contract] (the Contract).] As part of an internal reorganisation, our parent company [insert seller
PRECEDENTS
headed notepaper of target company To: [Insert name and address of contractual counterparty/interested third party] [Insert date] Dear [insert individual/organisation name] Notice of change of control [We refer to the agreement dated [insert date] between [insert target company name] and [insert contractual counterparty name] relating to [insert details of contract] (the Contract).] [Our parent company, ][insert
PRECEDENTS
From: [insert full previous name of the person executing the deed] To: [insert full new name of the person executing the deed] This change of name Deed is made the [insert date and month] 20[insert year] by me the undersigned [insert full new name of the person executing the deed] of [insert full address of the person executing the deed]. This Deed witnesses and declares as follows: 1 Prior
PRECEDENTS
From: [insert child's previous forename and surname] To: [insert child's new forename and surname] This change of name Deed is made the [insert date and month] 20[insert year] by me the undersigned [insert full name of the person with parental responsibility who is to make the change to the child’s name] of [insert full address] the [insert parental relationship to child] of [insert child's new forename and surname] now or lately called [insert child's previous forename and surname] a minor of the age of [insert child's age] year[s] on behalf of the said [insert child's new forename and surname]. This
PRACTICE NOTES
This Practice Note explains the procedure for an application to change a child’s name under sections 8 or 13 of the Children Act 1989, (ChA 1989). It details who can apply, whose permission to change the name is required or when the court’s permission must be sought and the procedure to be followed. It sets out the factors that the court must take into account under ChA 1989 and the relevant case law. It also explains how to change a name by deed poll. Children's surnames at registration A child's birth must be registered within 42 days of birth. It is the duty of the mother and father of the child to register the child’s birth. The surname entered on the register is the surname by which at the date of registration it is intended that the child shall be known. The register cannot itself be amended to record a subsequent change of surname. However, a child's surname can be changed subsequently by deed poll or, informally, by the use of a different name. An
NEWS
Restructuring & Insolvency analysis: In the past few years, there have been various decisions as to the availability of a change of position defence to a claim by liquidators pursuant to section 127 of the Insolvency Act 1986 (IA 1986) to recover void transactions entered into by the company between presentation of a winding-up petition and the making of a winding-up order. The law is now fairly settled: a change of position defence is, in principle, available, but its success will be constrained in the same way and for the same reasons as the court’s discretion to validate such transactions. In this case, the court had to consider a change of position defence after a standalone application for a validation order had already been dismissed. The court found that the defence fell foul of issue estoppel, and would, in any event, fail on its merits. The court also opined that raising the defence would be an abuse of process if issue estoppel did not apply. Written by Jessica Powers, barrister at New Square Chambers (Counsel for the Applicant).
PRACTICE NOTES
Why change of solicitor notice is important—party's address for service The provisions relating to change of solicitor are important because, where a party's address for service is given as being that party's solicitor's business address, that solicitor will be considered to be acting for that party until the provisions in CPR 42 and CPR PD 42 have been complied with (CPR 42.1(1)). One of the practical realities of this is that a party's solicitor's business address remains that party's address for service until: • notice of change is filed and served on every other party, or • the court makes an order that the solicitor has ceased to act The meaning of 'solicitor' for the purposes of CPR 42 is set out in CPR 6.2(d) (CPR 42.1(2)) and includes any person authorised to conduct litigation under the Legal Services Act 2007. When to give notice of change of solicitor CPR 42.2 provides that notice is required when: • there is a change of solicitor • a party appoints a solicitor having previously acted in person, or • a