The nature of a life interest Unlike joint tenants, tenants in common can dispose of their interest in the relevant property after death in any way they wish. In the case of husband and wife, that interest is usually one half but the same principles apply whatever the percentage in which the property is held. By their will a co-owner might specifically allow the specified beneficiary to occupy the property after death for any period, usually until they die, remarry, cohabit or for a designated time period. This Q&A considers the position when the right of occupation is not specifically granted but the will merely confers a life interest. If a co-owner does grant a life interest

Under section 5 of the Limitation Act 1980, an action on a contract must be brought within six years from the date of accrual of the action; and 12 years if it is a deed. For more information on the principal limitation periods, see Practice Note: Limitation Act

For the purposes of this Q&A, it is assumed that the relevant partnership is a limited partnership established in England under the Limited Partnerships Act 1907 (LPA 1907). A limited partnership can be brought to an end by its: • dissolution, or • insolvency A great deal of the same law that applies to general partnerships pursuant to the Partnership Act 1890 and case law also applies to limited partnerships with regard to such matters. What is dissolution? There is no statutory definition of ‘dissolution’

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. A liquidator is the officer appointed when a company goes into liquidation who has responsibility for collecting in all of the assets of the company and settling all claims against the company before putting it into dissolution. In basic terms, a liquidator’s function is to ensure that the company’s assets are realised and distributed to the creditors and, if there is any surplus, to distribute it to the contributories. A liquidator must fulfil this function following the duties imposed and powers granted to them under the Insolvency Act 1986 (IA 1986) and the Insolvency Rules 1986, SI 1986/1925 (IR 1986). We refer you to Practice

The witness statement must contain details of the success fee and include details of the six matters specified in CPR PD 21 para 11.3. In addition, in order for the success fee to be recoverable at the settlement hearing, as opposed to following detailed assessment, the claim in question must be for no more than £25,000 and the only cost or expenses the litigation friend seeks to recover is a success fee. If these requirements are met, the court may summarily assess the success fee. The general rule: costs in protected party claims only recoverable after assessment or agreement Recoverability of success fees in infant settlement cases is an exception to the general rule in respect of claims by parties who lack capacity, which is that that the court must order a detailed assessment (CPR 46.4(2)(a)). A witness statement including details of success fee is a precondition to recovery In

Section 228(1) of the Highways Act 1980 (HiA 1980) provides that where street works have been executed on a private street, the street works authority (the local highway authority (LHA)) may, by a notice displayed in a prominent position in the street, declare the street to be a highway which is a highway maintainable at public expense. Then, at the expiry of one calendar month from the date on which the notice was first displayed, the street shall become such a highway. This declaration process is, however, subject to the owner, or the majority of owners in the street objecting to the adoption during the one month period referred to above. If they object, the street will not become highway maintainable at public expense. The LHA can, however, apply to the magistrates’ court for an order overturning the objections. Such application

SEN framework Under the Children and Families Act 2014 (CFA 2014) a local authority has a duty to carry out an Education, Health and Care (EHC) needs assessment and issue an EHC plan in certain circumstances—see Practice Note: Special educational needs in England under the Children and Families Act 2014. Once special educational provision has been specified in an EHC plan, the local authority has a legal duty to provide it. The previous framework which relates to statements of special educational needs under the Education Act 1996 contained a similar requirement, meaning a local authority is bound to provide the provision that is set in in the EHC plan or statement. The Code of Practice for special educational needs and disability from 0 to 25 years sets out that a local authority must provide a local offer which must include information about provision made by

Whether a Welsh local authority has full jurisdiction over a listed bridge that extends over tidal waters depends on the nature of the ‘consent’ granted (for example, planning permission, listed building consent, or another local-authority approval) and on the location and nature of the works. Planning control Under the Town and Country Planning Act 1990, planning control does not extend below the (mean) low water mark, nor to seabed that is never uncovered. The High Court confirmed this in R (Parkes) v Dorset Council, in particular at paras [176] and [195]. The effect is that, to the extent a Welsh local planning authority purported

A footpath can be stopped up or diverted if the authority considers that it is necessary to do so in order to enable development to be carried out. Powers to stop up and divert footpaths are contained in: • section 257 of the Town and Country Planning Act 1990 (TCPA 1990) • section 118 and 119 of the Highways Act 1980 (HiA 1980) See Practice Note: Powers to stop up and divert highways and footpaths, which provides an overview of the different powers and information on when to use each. Section 257 of the Town and Country Planning Act 1990 Practice Note: Stopping up of footpaths under section 257 of the Town and Country Planning Act 1990 explains the power to stop up and divert a footpath under TCPA 1990, s 257. It sets out when the power can be used, the effect of an order, and the procedure for making it. In summary, this power allows a competent authority

The sale of local authority land is governed by section 123 of the Local Government Act 1972 (LGA 1972). This provides: • subject to the following provisions of this section, a principal council may dispose of land held by them in any manner they wish • except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained … ‘Consideration’ means the price payable. Roch J

Under section 213 of the Housing Act 2004 (HA 2004) any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received,

See the following content: Assessment of Capacity Practice Notes: • Mental capacity—an introduction • Mental Capacity Act 2005—the codes of practice • Capacity—housing and care News Analysis: The complex issues arising from an individual’s fluctuating