There are a number of cases (among them Re King, Jackson v A-G) that have indicated that objects of a charity are never parties to charity proceedings—they are more properly represented, if necessary, by the Attorney-General. At one point the Attorney-General was a party to all charity proceedings, but that rule is now excepted in cases where the Charity Commission takes proceedings in the place of the Attorney—General. A 1945 Practice Note stated: ‘….where there is a charitable gift to specified persons on trust, and a question of validity arises, the trustees are the proper parties and it is not universally necessary that the Attorney-General should be a party, although it is generally desirable that he should be. However, where the gift is not to specific persons or trusts, the Attorney-General is the only person who is entitled to represent the charity, and persons who merely conceive themselves to be interested in establishing the validity of the trust are not

See Practice Note: Removal, renunciation and retirement of personal representatives by way of background, which states that, in relation to renunciation, an application must: • be in writing • include a statement that the person has not intermeddled • be signed by the person renouncing, with the signature witnessed by a disinterested person • be lodged and recorded at the Probate Registry Note:

The Practice Note: Workers and Temporary Workers sponsor duties and adapting human resources systems confirms that ‘Sponsor duties begin on the day the licence is granted and end when the licence is surrendered, revoked or made dormant’. The Sponsor Guidance, Part 3, para C1.6 confirms that when the Home Office make a licence dormant this is a positive act by them (‘for example, when you have been taken over by another organisation’). It will not cover a situation where a licence is simply not being used by the sponsor, eg where it has sponsored a worker, that worker has left, and nothing else has then happened (and the sponsor has not surrendered its licence). For more details on how and when the Home Office

Static caravans in Wales Section 21 of the Housing Act 1988 (HA 1988) requires a landlord to serve a notice on their tenant and to allow that notice to have expired prior to instigating possession proceedings to recover possession of the property concerned. HA 1988, s 21 only applies to assured shorthold tenancies. HA 1988, s 21 uses the term ‘dwelling-house’ repeatedly and only applies in the case of a dwelling-house. Accordingly, when determining whether HA 1988, s 21 applies to a particular property, it must be determined whether the property concerned can properly be called a dwelling-house. HA 1988, s 45(1) defines the term ‘dwelling-house’ as: ‘dwelling-house’ may be a house or part of a house. Whether a particular property falls within the definition of a dwelling-house is a highly fact-specific question and must be decided on a case by case basis. However,

Practice Note: Email disclaimers provides sample wording for commercial email disclaimers. Law firms may wish to consider something along the following lines as an email footer: Confidentiality and Security Notice: This email, its contents and any attachment are strictly confidential and intended solely for the addressee. They may contain information covered by legal, professional or other privilege.

Where a contract is specifically terminated, for example under a contractual clause or at common law (ie repudiation), such termination operates prospectively and both parties are discharged from any further performance under the contract of their primary obligations (eg payment or carrying out remedial works). See, for example, Photo Production Ltd v SecuricorTransport Ltd. This is different to the position whereby a contract is effectively completed because all of the parties’ primary obligations have been satisfied. They are, however, still enforceable in the future, if required. Under some contracts, a party’s obligations may be considered ‘closed’ ie all primary obligations or matters relating to it are deemed to have been completed/concluded with nothing outstanding or open to challenge. As set out below, this is normally achieved in JCT contracts by the issuance of the final certificate or statement. The practical completion certificate or certificate of making good defects may also have this effect, but to a more limited

Note: for background information on enforcement of charging orders by sale please see our Practice Notes: Order for sale—how to enforce a charging order and Charging orders and orders for sale—practical considerations. This Q&A assumes that only one of multiple joint owners of a property is the judgment debtor against whom the creditor has obtained a charging order and is intending to seek an order for sale of the charged property. The process of applying for an order for sale of charged property Under CPR 73.10, a judgment creditor wishing to enforce a charging order against a judgment debtor must: • issue a Part 8 claim (to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale, see CPR PD 73, para 4) • file with it a copy of the charging order • provide written evidence as required by CPR PD 73 The

This Q&A considers the scenario where A has a claim against B which is a debt claim for the payment for good/services supplied by A to B and where those goods/services attract VAT: • should A include the VAT in their letter of claim and/or claim form when seeking payment of the debt from B? • does it make any difference to the above if only either A or B is VAT registered (as opposed to both being VAT registered)? • if the VAT element should be claimed, should the ‘statement of value’ required in the claim form be expressed net or inclusive of VAT (bearing in mind that this will affect the issue fee payable)? • is the position different

This Q&A assumes that the easement as originally drafted does not refer to cars, but the owner of the dominant land wishes to use the right of way for cars. The extent of an expressly granted easement depends on the interpretation of the deed granting the easement, in its entirety, and in its context. Unless clearly directed otherwise, the court will construe the grant in favour of the grantee or owner of the dominant land. You may find

We presume that in the current situation the powers to lay sewers on private land covered by Part VI of the Water Industry Act 1991 (WIA 1991) and summarised in Q&A: Do statutory water undertakers have the power to lay foul sewers on private land? are not relevant. We are not aware of any express provision compelling a property owner to connect to a public sewer, where that property owner has not first served notice of his

The Companies Act 2006 contains limited provisions in relation to, or regulating, directors’ decision-making. However, every company must ensure that minutes of all proceedings of board meetings are recorded and kept for at least ten years from the date of the meeting and the minutes should be signed by the chair of the meeting or by the chair of the next meeting. Minutes that have been signed in this way are prima facie evidence of the proceedings at the meeting. The way that meetings are convened and conducted will vary, and are usually set out in the

Practice Compliance analysis: With the introduction of a new consumer credit regime on the horizon, what do law firms need to know about the activities that will be caught by the new rules and whether they should apply for a licence?