Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for 'the carrying out of any development of land'. 'Development' is defined in TCPA 1990, s 55(1), as the carrying out of building, engineering, mining or other operations in, on, over or under land (operational development), or the making of any material change in the use of any buildings or other land. The definition of 'building operations' under TCPA 1990, s 55(1A)

A director’s right to inspect company books Statutory rights There are no provisions under the Companies Act 2006 (CA 2006) which give the directors a general right to receive information, and it is unlikely (although possible) that such rights may be set out in the company’s articles, the directors’ service contract or any other relevant documents. However, all companies are required to keep adequate accounting records to ensure that they record transactions to enable them to show the company's financial position and to prepare accounts which comply with the CA 2006 and, where relevant, with International Accounting Standards. Note that ‘Accounting records’ is a deliberately broad term that is not specifically defined as the records of a company may differ depending on the nature and complexity of its business. CA 2006, s 388 provides that a company’s accounting records must be kept (for three years from the date they are made for private companies) at the registered office or such other place that

A company can execute a document in a number of ways. Our precedent: Execution clause—company—contract provides examples of different methods of executing documents by a company. See also Practice Note: Executing deeds and simple contracts for details on how companies

There is no requirement under the Companies Act 2006 (CA 2006) for a director to attend an annual general meeting (AGM) which will be considering a resolution for their re-election. However, in line with guidance offered by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute) (CGI), The Chartered Governance Institute guide to best practice at annual general meetings [Archived], it will be viewed as best practice to ensure that, wherever possible, all directors attend the AGM. In particular,

Section 4 of the Landlord and Tenant Act 1987 (LTA 1987) defines 'relevant disposals' as disposals by the landlord of any estate or interest, legal or equitable, in premises to which Pt I applies. By making a distribution in specie, the liquidator is arguably not making a disposal of the company property but rather a distribution of company property in satisfaction of the shareholder’s rights against the company in accordance with IA 1986, s 107. We have been unable to locate any case law or commentary in support of this argument but would direct you to section (d) of paragraph L3011 of Tolley’s Insolvency Law Service which

Types of powers of attorney There are various types of powers of attorney, including: • general or ordinary power of attorney under Powers of Attorneys Act 1971 (PAA 1971) • a lasting power of attorney under the Mental Capacity Act 2005. These have replaced Enduring Powers of Attorney to appoint an attorney in the event of loss of capacity • a security power of attorney under PAA 1971, s 4. This is expressed to be irrevocable and to secure a proprietary interest of the donee or the power or performance of an obligation owed to the donee Formalities for a general power of attorney The Q&A is dealing with a general

This Q&A considers whether a failure to file a shareholders’ resolution approving a share buyback or a share buyback contract (as the case may be) at Companies House would render the share buyback void pursuant to section 658 of the Companies Act 2006 (CA 2006). This Q&A assumes that the shareholders’ resolution in question has been validly passed in accordance with the relevant provisions of CA 2006. The requirement to file a shareholders’ resolution approving a share buyback Since 30 April 2013, a contract for an off-market share buyback has needed to be approved by ordinary resolution (unless the company’s articles of association require a higher majority or unanimity). There is no requirement to file that ordinary resolution at Companies House. Prior to 30 April 2013, such a share buyback contract had to be approved by special resolution and the special resolution needed to be filed at Companies House within 15 days of being passed Both an on-market share buyback

This Q&A considers whether a failure to file Forms SH03 and SH06 at Companies House in relation to a share buyback would render the share buyback void pursuant to section 658 of the Companies Act 2006 (CA 2006). This Q&A assumes that share buyback in question has otherwise been carried out in accordance with the relevant provisions of CA 2006. CA 2006, s 658 states that a limited company must not acquire its own shares, whether by purchase, subscription or otherwise, except in accordance with the provisions of CA 2006, Pt 18. If a company breaches CA 2006, s 658: • the purported share buyback is void (the effect of this is that any shareholder seeking to sell their shares remains the holder of those shares and the shares remain in issue), and • an offence is committed by the company and every officer of the company who is in default A person guilty of an offence under

Case study The parents of a child married and divorced in Türkiye. The mother remarried and returned to the UK with the stepfather and the child. The father does not play a meaningful part in the child’s life. The stepfather wishes to make an application for adoption, change of name or parental responsibility. An issue has arisen as to whether the father has parental responsibility and whether the court will require him to be served with the applications. It is often the case that a stepfather will wish formally to adopt the child of his new partner. This will enable both the grant of parental responsibility to the stepfather and the extinguishing of the parental responsibility of the biological father. For that reason adoption is powerful and draconian. It is not clear in this scenario whether the

Parental responsibility is defined in section 3(1) of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. See Practice Note: The meaning and scope of parental responsibility. Position at birth • where the parents were married to each other at the time of the child's birth, they each have parental responsibility • where the parents were not married to each other at the time of the birth, the mother automatically has parental responsibility and the father does not: there is provision for the father to acquire it Subsequent to birth After the child's birth there is provision for others to acquire parental responsibility for the child. An unmarried father may acquire parental responsibility by: • subsequently

The requirements as to the filing of a financial consent order and a statement of information (in Form D81) are dealt with in the Family Procedure Rules 2010 (FPR 2010), PD 9A, para 7.2 which provides: 'Rule 9.26(1)(b) requires each party to file with the court and serve on the other party a statement of information. Where this is contained in one form, both parties must sign the statement to certify that each has read the contents of the other's statement'. In addition FPR 2010, SI 2010/2955, 9.26 provides (at 9.26(1)(b)): 'each party must file with the court and serve on the other party, a statement of information in the form referred to in Practice Direction 5A [ie Form D81]'. Where all, or any, of the parties attend the hearing of

This Q&A considers the scenario where either the foreign entity is an insolvent overseas company with one or more UK establishments which is registered pursuant to the Companies Act 2006 (CA 2006) and the Overseas Companies Regulations (OC Regs 2009), SI 2009/1801; or the overseas company has its centre of main interests in the UK and is being wound up under the EC Regulation on Insolvency, Regulation (EU) 848/2015 (Recast Regulation on insolvency). The potential impact of Brexit is not covered in this Q&A. When a foreign entity opens an establishment which carries on business in the UK, it may have to register its particulars with Companies House. For details on registration requirements, see: Overseas companies with an establishment in the UK—checklist. Where an overseas company with one or more UK establishments is being wound up, the liquidator must deliver a return to Companies House on