If there is a court order in place for the payment of maintenance for the benefit of the child, the child’s change of residence does not mean that the order will automatically be discharged or varied, unless the order provides specifically for this. The paying party may wish to seek the variation or discharge of the order (pursuant to section 31(2)(b) of the Matrimonial Causes Act 1973 (MCA 1973) or paragraphs 1(4) and 6 of Schedule 1 to the Children Act 1989 (ChA 1989) depending on whether the original order was made in connection with an application in respect of the parents’ marriage or not). The outcome of any application will depend entirely on the facts of the case. If matters are agreed, it may be prudent to record any agreement in writing to evidence the position in case of a future application

We have assumed that the land in question is in England. Local authorities in England and Wales are corporate bodies created by statute of the UK Parliament as single legal entities. A local authority may only do what Parliament states it can do in the statute under which it was established or under statutes and secondary legislation adding to its purpose, see Practice Note: Key issues for lenders when dealing with a local authority in a commercial finance transaction. A parish council has all the functions that are vested in it by section 14(1) of the Local Government Act 1972 (LGA 1972) or otherwise, see Commentary: Constitution and powers of parish councils: Halsbury’s Laws of England [47]. Power to dispose of land Subject to the restrictions contained in LGA 1972, s 127(2)–(5), a parish council may dispose of land in any manner

In any proceedings before a tribunal, where a Code of Practice is relevant to a question in the proceedings, the tribunal is entitled to take that Code into account when determining that question. Where the relevant Code of Practice is one which relates exclusively or primarily to a procedure for the resolution of disputes (currently only the Acas Code of Practice on Disciplinary and Grievance Procedures falls into this category), then an unreasonable failure to follow the Code of Practice may affect the level of any compensation awarded. The Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) provides that, where the proceedings before the tribunal is one of those listed in TULR(C)A 1992, Sch A2, and the Code of Practice applies to the question before the tribunal, then

In answering this Q&A, we have considered whether the parties to a section 278 agreement need to have an interest in the land. A section 278 agreement under the Highways Act 1980 (HiA 1980) is an agreement relating to the carrying out of highways works which are entirely within the existing adopted highway. For further information, see Practice Note: Highways—adoption agreements. A section 278 agreement would usually be requested by a developer who requires the highways works to be completed in order to develop a nearby site. These works may involve the creation of a new access to a site from an existing highway, or may involve the carrying out of capacity improvement or highways safety work to accommodate the increase in traffic in the locality resulting from the development. Unlike section 38 agreements which require the dedication of additional land as part of the adopted highway (and so require the owner of that land to

It has been assumed this Q&A refers to a civil claim. CPR PD 16, para 2.1 provides that: ‘The claim form must be headed with the title of the proceedings, including the full name of each party. The full name means, in each case where it is known: in the case of an individual, his full unabbreviated name and title by which he is known;’ Where a party’s name has changed following the commencement of proceedings, we have been unable to identify any specific CPR rule or practice direction that requires a party to notify the court of the name change. Where

The patent box is an elective regime available to qualifying companies that provides for an effective 10% rate of corporation tax on worldwide profits attributable to qualifying intellectual property (IP) rights. In order to determine whether a company can benefit from relief under the regime, it is necessary to determine whether the specific requirements of the regime are satisfied, as summarised below. The patent box is only available to qualifying companies. A company is a qualifying company for an accounting period, broadly, if: • it holds—or holds an exclusive licence in respect of—qualifying IP rights, or • in certain circumstances, it receives income from a qualifying IP right which it previously held or in respect of which it held an exclusive licence, and • where the company is a member of a group, it also meets the active

The Party Wall etc Act 1996 (PWA 1996) is expressed to be an Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes. PWA 1996, s 2(2) sets out the rights of building owners to carry out certain works in particular in respect of party structures. Party structures are defined as meaning a party wall and also a floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or separate entrances. A patio without a foundation is not likely to comply with this definition. However, PWA 1996, s 6 provides that where

Planning use Public house use falls within use Class A4 of the Town and Country Planning (use Classes) Order 1987 (SI 1987/764). The definition describes the Class as ‘Use as a public house, wine-bar or other drinking establishment’. Planning recognises ancillary and incidental uses as being part of a main use. As always, such other uses are a matter of fact and degree as to whether they grow to an extent where they become uses in their own right independent of, even if related to, the original primary use. Use Class A3 is for food and drink: ‘Use for the sale of food or drink for consumption on the premises’ (Note that in Wales this use Class also permits sale of

Our Practice Note: Procedure for applying from overseas states in the section 'Where should the application be made?': ‘The applicant must be outside the UK, the Channel Islands or the Isle of Man when the application is made. If they are not, a permission to stay (rather than entry clearance) application may be appropriate.’ Applications should be made at a designated post (in practice a visa application centre or occasionally a diplomatic post). Find a visa application centre will confirm where an application should be made. Generally, applicants should be able to show that they are a national of the country they are apply from, or that they have permission to reside in that country. The exceptions are: • an applicant for entry clearance as a visitor or as a short-term student or under Appendix Ukraine Scheme may apply at any designated post. At the time of writing,

The validity requirements in the International Sportsperson route are discussed in detail in the Practice Note: Applying under the International Sportsperson route (Validity requirements, including switching). Note that this answer assumes that all of the other validity, suitability and eligibility requirements are met. The sponsorship requirements are covered in the Practice Note: Sponsoring an International Sportsperson. Immigration Rules, Appendix International Sportsperson, para ISP 1.5 provides that: ‘An applicant who is applying for permission to stay must be in the UK on the date of application and must not have, or have last been granted, permission: (a) as a Visitor, except where the applicant has been in the UK undertaking the activities in paragraphs PA 15.1. to PA 15.3. of Appendix Visitor: Permitted Activities, or paragraph V 13.3 (f) of Appendix V: Visitor’ The Practice Note: Visitor: eligibility, at the section Permitted paid engagements, sets out the additional eligibility criteria and other

The higher rates of stamp duty land tax (SDLT) apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, conditions A to D are met: • Condition A—the chargeable consideration for the transaction is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the

As confirmed in various relevant Practice Notes: Administrative review outside the UK and at the border and Visitor (standard): procedure, decisions on visitor entry clearance applications are specifically excluded from the administrative review regime (Immigration Rules, Appendix AR, para AR5.2). The Practice Note: Visitor (standard): procedure states (at ‘Challenging refusals’): ‘Ordinarily there is no right of appeal or administrative review where a visit visa, leave to enter or leave to remain as a visitor are refused. The only exception to this is that a right of appeal will exist where the refusal of the application is also a refusal of a human rights claim. See