Immigration officers have wide—but far from unlimited—statutory powers to enter an individual’s home without a warrant issued by a JP or (in Scotland) a sheriff. Powers derive primarily from the Immigration Act 1971 (IA 1971) and have been amended multiple times over the years in order to widen powers of entry and arrest for immigration officers. An immigration officer has the power to enter and search, without a warrant but importantly with the authorisation of a chief immigration officer or above, any premises where they believe on reasonable grounds that a suspect is, in order to make an arrest for a range of suspected offences. What amounts to ‘reasonable grounds’ is an objective test, with the

Where a claim under an income protection policy is successful, the employee will usually remain employed by the employer; benefits (including a proportion of the employee’s salary entitlement) are paid out to the employer and the employer passes on the benefits to the employee, as net pay. For information on insurance policies in the employment context generally, see Practice Note: Insurance in employment. In order to determine whether the benefits that will be paid out under an income protection policy when a successful claim has been made will

Section 25 notices Part II of the Landlord and Tenant Act 1954 (LTA 1954) makes provision for business tenancies to enjoy security of tenure. LTA 1954, s 24 provides that a business tenancy will not come to an end unless it is terminated in accordance with the provisions of LTA 1954, Pt II (LTA 1954, s 23). One of the mechanisms, under LTA 1954, Pt II (LTA 1954, s 23), for a business tenancy to be terminated is for a landlord to give a notice terminating the tenancy under LTA 1954, s 25. LTA 1954, s 25 provides that a landlord can terminate a business tenancy by giving a notice to the tenancy ‘in the prescribed form specifying the date at which the tenancy is to come to an end’. The prescribed form for a section 25 notice is

The Immigration Rules, Part 9: Grounds For Refusal provide that a person with permission granted under the Skilled Worker route may have their permission cancelled/curtailed where their sponsorship is withdrawn by their sponsor (para 9.25.1(c)), they cease working for the sponsor (para 9.27.1(d)), their sponsor’s licence is revoked (9.28.1(a)), or they change employer and a permitted exception does not apply (para 9.29.1). See Practice Note: Changes of circumstances and reporting them. For the relevant sponsor reporting duties that apply, see Practice Note: Workers and Temporary Workers sponsor duties and adapting human resources systems. Once the Home Office has been notified of the end of sponsorship, its stated policy is to usually cancel/curtail that permission to 60 days (unless less than 60 days remains on the permission), unless, eg, the sponsored worker was complicit in the actions that

The definition of domicile is taken from its ordinary meaning and case law, rather than being set out in statute. Domicile is a concept separate from nationality, residence and citizenship and the outcome is determined by applying a set of principles to the individual’s circumstances. An element of permanence

Schedule 1A to the Companies Act 2006 (as inserted by the Small Business, Enterprise and Employment Act 2015) is specific in its wording as regards the first and second conditions relating to significant control, namely share ownership and voting rights. The wording is that the person holds ‘more than 25% of the shares/voting rights…’ This would therefore

Does an individual whose naturalisation application has been approved but who has not yet attended their citizenship ceremony have a duty to disclose a pending police investigation which they learned of after a decision was made on their application? The guidance is clear that an individual must disclose information in relation to possible criminality whilst their application is ‘under consideration’ but that term is not defined. Legal requirements for naturalisation Section 6 of the British Nationality Act 1981 (BNA 1981) sets out the requirements for an adult to naturalise as a British citizen, which in relevant part are: ‘(1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he

Under section 47B(1) of the Employment Rights Act 1996 (ERA 1996), all workers have the right to bring a claim in relation to any detriment suffered because of any act or omission by their employer, done on the ground that the complainant made a protected disclosure. A worker who is no longer in the relevant job may still bring a whistleblowing complaint (ie, for post-dismissal detriment) against the employer even after the relevant contract has been terminated, provided the detriment relates to the employment relationship (eg, failure to provide a reference). See: Woodward v Abbey National and News Analysis: Claims based on retaliation after termination (News, 23 June 2006). A worker may also bring a whistleblowing complaint against their former

The rules for recovery of costs in fast track personal injury claims involving children, such that an infant approval hearing is required, are expressly set out in CPR 45 (CPR, Section IIIA). There are separate rules and fixed fees, for cases that settle at Stage 2 and Stage 3. These are set out in CPR 45.21 and 45.22 respectively. The broad regime is that where approval is given by the court for the agreed settlement, the court will order the defendant to pay Stage

Sections 11A–12C of the Landlord and Tenant Act 1987 (LTA 1987) contain rights for the tenants where a landlord has disposed of a property without complying with the procedure for the right of first refusal in LTA 1987, ss 5–10. LTA 1987, s 11A allows the qualifying tenants to serve notice on the purchaser requiring information about the terms of the disposal. LTA 1987, ss 12A–C allow the qualifying tenants to serve notices to enable them to acquire the interest that was disposed of. This question raises the issue of whether the qualifying tenants

The answer will turn on the terms of the covenant, but there is no rule of law that tenants are not liable to cure an inherent defect (Ravenseft Properties Ltd v Davstone (Holdings) Ltd). The position is more subtle. As explained in Commentary: Chapter 10 The maintenance of the physical condition and management of the demised premises: Hill and Redman's

Our Practice Note: The functions and duties of insurance brokers—policy placement provides guidance on these points. In particular, the functions of insurance brokers, which stipulates ‘This primary function [placement] is carried out as an agent of the insured, but brokers also carry out various other tasks. Whether the broker is agent of the insured or insurer depends on the nature of the task. Brokers