Dispute Resolution analysis: The principles of open justice apply to an examination before a master or other judge under CPR 71. Even though it is not itself a ‘hearing’ within the meaning of CPR 39, Master Dagnall held that such an examination should generally be held in public. If a judgment debtor wishes the examination to be held in private the onus is on them to show why there should be such a derogation from the principle of open justice. Written by Sandip Patel QC FCIArb, barrister at 33 Bedford Row and managing partner at Aliant, London.

Until recently, the main piece of legislation concerning the constitution and management of English cathedrals was the Cathedrals Measure 1999. However, on 29 April 2021, the Cathedrals Measure 2021 (2021 Measure) was given royal assent and came into force in part on that date. When it comes into force in full it will largely replace the Cathedrals Measure 1999. The 2021 Measure introduces some fundamental changes to the managerial framework and operational

A Central Security Depository (CSD) is an entity that enables securities transactions to be processed and settled by book entry, provides custodial services (e.g. the administration of corporate actions and redemptions) and plays an active role in ensuring the integrity of securities issues.

Where certain lengths of retaining wall are in such a condition as to be liable to endanger persons using the nearby street, a local authority in whose area the street is situated may, pursuant to section 167(5) of the Highways Act 1980 (HiA 1980), serve notice on the owner or occupier of the land on which that length of wall is, requiring them to execute works to obviate the danger. Pursuant to HiA 1980, s 167(7), where the person required by such a notice to execute works fails to execute the works within the required time period, the local authority may themselves execute the works and recover from that person the expenses reasonably incurred by them in so

Where a person has been in factual possession of land owned by another for a specified period and where that person has an intention to possess and the land owner has not consented, he may be entitled to claim to be registered as the owner of that land. This is known as adverse possession (though sometimes is referred to as 'squatter’s rights') and, since 13 October 2003 has been governed by the Land Registration Act 2002 (LRA 2002). Prior

Property in England and Wales is held in two manners. Legal ownership relates to the title to the property; in lay terms, in whose name the property is held. However, the legal owner will hold the property on trust for the equitable or beneficial owner. This will often be the same person, but does not have to be. The legal owner can hold a property on trust for themselves, for a third party, or for themselves and a third party. The beneficial ownership can be held as joint tenants (meaning that the beneficial owners each own the whole indivisibly, and on the death of one joint tenant the other becomes the sole

The EU has set itself ambitious targets to achieve ‘A Europe Fit for the Digital Age’, which aims to bring about the digital transformation of the EU. This objective was one of the six European Commission priorities for 2019–2024. This Practice Note summarises the key initiatives taken by the European Commission to achieve its objective. For more detailed information on key EU digital initiatives, see Practice Note: Key EU digital initiatives—summary. Timeline On 19 February 2020 the European Commission adopted its ‘Shaping Europe’s Digital Strategy’, which is a policy plan for the digital transformation of the EU. This initiative was complemented by the adoption by the European Commission, on 9 March 2021, of the Communication ‘2030 Digital Compass: the European way for the Digital Decade’ (Digital Compass Communication) which presented a vision for a successful digital transformation of the EU by 2030. The digital targets for 2030 are based on four cardinal points: digital skills, digital infrastructures, digitalisation of businesses and of public services. The Communication was followed by the ‘Digital

For the purpose of this Q&A it is assumed that: • the deceased died in the UK • the party who has submitted the query is acting for the heirs of the estate This query raises a number of important issues. UK tax liability of estate Whether there is a UK tax liability normally depends on the residence for UK tax purposes of the personal representatives (PRs) of the deceased.

Family analysis: The issue in Re X (a child) (No 2) An NHS Trust v X involved a challenge to the ‘conventional wisdom’ that no child has an absolute right to refuse medical treatment, even if the child is Gillick competent or, having reached the age of 16, is presumed to be Gillick competent pursuant to section 8 of the Family Law Reform Act 1969 (FLRA 1969), and whether the court, in the exercise of its inherent parens patriae or wardship jurisdiction, can overrule that decision in an appropriate case. The challenge was unsuccessful and the court held that Re R (A Minor) (Wardship: Consent to Treatment) and Re W (A Minor) (Medical Treatment: Courts Jurisdiction) remain good law. Claire Watson, barrister, at Serjeants’ Inn Chambers considers the implications of this decision.

Interest on judgment debts Judgment debts accrue simple interest at a rate of 8% a year until payment, unless the court rules otherwise. Interest runs from the date judgment is given, unless the court or a rule or Practice Direction says otherwise. The court may order that interest shall begin to run from a date before the date that judgment is given. For further guidance, see Practice Note: Interest on judgment debts as well as Practice Notes: • County Court judgments and orders—additional matters • Which enforcement of judgment method should I choose? in particular, the section: Which enforcement of judgment method should

The most common method for a landlord to terminate a tenancy protected by the Landlord and Tenant Act 1954 (LTA 1954) is service of a notice under LTA 1954, s 25. This question asks whether the landlord can serve such a notice at a time when the tenancy is not protected, but circumstances may change to bring it within the Act before the contractual expiry date. LTA 1954, s 25(1) provides that 'The landlord may terminate a

Under section 24 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is not contracted out of LTA 1954, the lease can only be brought to an end: • using one of the methods provided for under the LTA 1954, ie section 25 notice, section 26 request or section 27 notice, or • by way of surrender or forfeiture, or tenant’s notice to quit Following a section 25 notice or a section 26 request being served, but before the end of the statutory period,