Section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) contains an almost absolute bar on the court’s jurisdiction to entertain an application for financial relief after remarriage. It applies to financial provision orders and to property adjustment orders, but (for reasons which have always remained unclear) not to pension sharing orders, in relation to which an application may therefore be issued post-remarriage. Further, applications for children are not affected

This Q&A assumes that the date of execution of the Minute of Variation will fall after the commencement date of the extended lease (ie the term commencement date is retrospective). Although not accepted by all members of the legal profession in Scotland, Revenue Scotland are firmly of the view that a variation of the type described would bring the former

Section 92 of the Renting Homes (Wales) Act 2016 (RH(W)A 2016) will apply to a periodic standard occupation contract which arises where a standard fixed term occupation contract granted for more than seven years expires and the contract-holder remains in occupation. RH(W)A 2016, s 184(2) provides that where a contract-holder

Restrictions may be removed from the register by: • being withdrawn voluntarily by the appropriate people interested in the restriction in form RX4 (section 47 of the Land Registration Act 2002 (LRA 2002) and the Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 98) • an application by anyone to cancel a restriction that is no longer required in form RX3 (LRR 2003, SI 2003/1417, r 97) • being cancelled by HM Land Registry (HMLR) if it is clear that

Pensions analysis: In defined circumstances the Spirit (Legacy) Pension Scheme (‘the Scheme’) provided for a supplement to the scheme pension to be paid to a member until he or she reached ‘State pension age’ (a defined term under the relevant rule). Mrs Alexis had brought a complaint to the Pensions Ombudsman about the date to which her supplement fell to be paid—was it 65 (as the Trustee said) or 66 (as she said)? The Pensions Ombudsman sided with Mrs Alexis. In its judgment on the Trustee’s appeal, the court disagreed. The decision turned on the proper construction of the words ‘State pension age has the meaning given by the rules in paragraph 1 of Part 1 of Schedule 4 to the Pensions Act 1995 (rules for equalisation of pensionable ages for men and women)’. Was that definition static or did it capture post-rule amendments to the relevant statute? Written by James Walmsley, barrister at Wilberforce Chambers.

Once a statutory demand is served failure by the debtor to pay the debt within 21 days of service of the statutory demand or to satisfy or secure it to the creditor's satisfaction, or take the appropriate steps to prevent the creditor from acting further on it, will create a presumption of insolvency (on an inability to pay basis) of the debtor. If the debtor fails to pay the sums demanded within 21 days of service or advertisement of the statutory demand, and no application to set aside the statutory demand has been made within 18 days from the date of service or advertisement, the creditor will be free to present a bankruptcy petition, as the debtor will be

What is a general vesting declaration? Where land cannot be acquired by agreement in the shadow of a confirmed compulsory purchase order (CPO) (under section 3 of the Compulsory Purchase Act 1965 (CPA 1965)), there are two routes to acquiring title in and taking possession of the land subject to a CPO: • by service of notice to treat and notice of entry under CPA 1965, s 4–13 • by execution of

Electricity Act 1989 Section 10(1) of the Electricity Act 1989 (EA 1989) provides two methods for electricity supply companies (which are licence holders under EA 1989) to obtain rights over land. The first is by compulsory acquisition of the necessary land or rights under EA 1989, Sch 3. The second is by acquisition of a ‘necessary wayleave’, pursuant to EA 1989, Sch 4. For further information, see Practice Note: Statutory wayleaves and rights of access. Compulsory acquisition Schedule 3 incorporates, with important adjustments, provisions of Part I of the Compulsory Purchase Act 1965. EA 1989, Sch 3, para

The private rights are independent of the public rights viz-a-viz the highway. Therefore, the private rights persist. The details of the stopping up order should be examined for any illumination on the extent of the

Property analysis: The court adopted a strict approach when interpreting the scope of the power to make vesting orders under section 181 of the Law of Property Act 1925 (LPA 1925). It held that the power is only available to those who had a legal right or entitlement to land as at the date of a company’s dissolution. Written by Oberon Kwok, barrister at Selborne Chambers.

A strict settlement is a settlement created under the Settled Land Act 1925 (SLA 1925) and its predecessors as a device to ensure that land remained within the family. A strict settlement is a trust that is not subject to an immediate trust for sale (for example where land is gifted to a son in a Will, with the property then to be sold on his death). No trusts under SLA 1925 have been able to be created since 1 January 1997 following the coming into force of section 2 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996).

For the purposes of this Q&A it is assumed that: • the employer owns, or has a proprietary interest in, the utilities that were damaged • the employer’s claim is for loss resulting from the physical damage to the utilities • the sub-contractor has not provided the employer with a collateral warranty, or entered into any contract with the employer Liability for the damage Two related issues arise from the potential claims against the contractor and/or sub-contractor. The first concerns what course of action the employer may adopt. The second concerns the matter of substantive liability for the damage—ie which party is ultimately liable. Regarding the course of action the employer might take, it is in