Whereas the making of a special guardianship order will automatically discharge a care order by virtue of section 91(5A) of the Children Act 1989 (ChA 1989), the making of a care order does not discharge a special guardianship order. Instead ChA 1989, s 14D sets out the circumstances in which an application may be made to discharge a special guardianship order, and by whom, rather than the special guardianship order being automatically discharged. The potential applicants are listed at ChA 1989, s 14D(1), including ‘a local authority designated in a care order with respect to the child’ (ChA 1989, s 14D(1)(f)). In addition, ChA 1989, s 14D(2) provides that: ‘In any family proceedings in which a question arises with

The purpose of a mortgage is to provide security to a lender against a loan, meaning that if the borrower defaults the mortgagee can exercise the power of sale to recover their monies. The maxim ‘once a mortgage always a mortgage’ is invoked where a mortgagee rather than enforcing the power of sale seeks to rely upon a term in the mortgage requiring that the borrower on default instead must transfer the property to the mortgagee. A mortgagor is entitled to exercise the equity of redemption, meaning that they are entitled to redeem the property once the debt has been discharged, or to retain the surplus following the

The taxation of termination payments and benefits changed with effect from 6 April 2018 to ensure that all payments in lieu of notice (PILONs) are generally chargeable to income tax as general earnings and do not automatically benefit from the £30,000 tax-free threshold for termination payments available under section 403 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). Prior to 6 April 2018, some PILONs were already taxable as general earnings while others were not. The legislation that took effect from 6 April 2018 treats all PILONs (whether they are contractual—and whether the PILON is an express or implied term of the contract—or not contractual at all) in broadly the same way. An express or implied contractual PILON is treated as earnings under ITEPA 2003, s 62—this was their treatment before

Damages for breach of contract are compensatory and the aim is to place the claimant in the same position, so far as money can do it, as if the contract had been performed. Contract law damages are further not a matter of discretion. They are claimed as of right, and are awarded or refused on the basis of legal principle. For further guidance on damages for contractual breach, see Practice Notes: • Contractual damages—general principles • Contractual damages—pecuniary losses • Contractual damages—non-pecuniary losses In relation to financial loss (pecuniary loss), there are three different categories of contractual damages that may be available: • expectation-based damages (also known as ‘loss of bargain’ damages) • reliance-based damages • gains-based

Tenancies at a low rent cannot be assured (including assured shorthold) tenancies (ATs). See Practice Note: Assured and assured shorthold tenancies—granting, specifically the section entitled ‘Exceptions to AT status’. Part I of Schedule 1 to the Housing Act 1988 (HA 1988) sets out various tenancies which cannot be an AT. HA 1988,

Does the new British National (Overseas) (BNO) route provide the ability to settle to the partner of the BNO status holder? The Immigration Rules Appendix Hong Kong British National (Overseas) states that ‘The Hong Kong British National (Overseas) route has two routes—the BN(O) Status Holder route and the BN(O) Household Member route. […] A dependent partner and a dependent child of a British National (Overseas) citizen can apply under this route. […] The Hong Kong British National (Overseas) routes allow work and study in the UK and are routes to settlement'. As such, a dependent partner has permission under the route. There is nothing which excludes dependent partners from applying for settlement under the BN(O) Status Holder route after five years. They will need to meet the requirements

The new Electronic Communications Code (‘new Code’) is governed by, and set out in sections 106–119 of the Communications Act 2003 (CA 2003) and the new CA 2003, Sch 3A Pt 1, inserted by section 4 of the Digital Economy Act 2017 (DEA 2017) and DEA 2017, Sch 1. Under Part 1 of the new Code, a Code right is defined as being a right in relation to an operator and any land, for the statutory purposes of providing an operator's network or an infrastructure system, to carry out various activities. These activities include: • installing and keeping installed electronic communications apparatus (which are defined at CA 2003,

The new Code Under section 106(3) of the Communications Act 2003 (CA 2003) and CA 2003, Sch 3A Pt 1, para 2, the new Code has effect in respect an person to who it is applied under a direction from Ofcom (an ‘operator’). Ofcom’s website contains a full list of operators. Furthermore, the new Code provides that a Code right is a right in relation to an operator and any land, for the statutory purposes of providing an operator’s network or an infrastructure system, to carry out various activities which are set out at CA 2003, Sch 3A Pt 1, paras 3 (see Practice Note: New Electronic Communications Code—Code rights—What are Code rights? (Part 1)). CA 2003, Sch 3A Pt 4, para 20 applies where the operator requires a person (a ‘relevant person’) to agree— ‘(a) to confer a code right on the operator, or (b)

The new Electronic Communications Code (the ‘new Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A Part 1 of the Communications Act 2003 (CA 2003), inserted by schedule 4 and schedule 1 to the Digital Economy Act 2017 (DEA 2017). Under Pt 1 of the new Code, a Code right is defined as being a right in relation to an operator and any land, for the statutory purposes of providing an operator's network or an infrastructure system, to carry out various activities. These activities include: • installing and keeping installed electronic communications apparatus (which are defined at Sch 3A Pt 1 (para 5)) on, over or under land • inspecting, maintaining, repairing, altering, upgrading, or operating the electronic communications apparatus on, over or under land, or entering land and carrying out works in connection with these activities in respect of apparatus on over or under land

Application The new Pre-Action Protocol for Debt Claims (the Protocol) came into force on 1 October 2017. Where the Protocol applies, the court will expect parties to comply with its provisions prior to commencing a claim and will take into account non-compliance when giving directions for the management of any subsequent proceedings (para 7 of the Protocol). The Pre-Action Protocol for Debt Claims states at para 1.1 that it: ‘applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual

Personal Injury analysis: Under the Mesothelioma Act 2014 (MA 2014), sufferers diagnosed on or after 25 July 2012 who cannot trace a former employer or insurer will be eligible for compensation from a new scheme provided for under MA 2014 and funded by insurers. Peter Williams, partner at Field Fisher Waterhouse, explains the key provisions in the legislation—and why he thinks it doesn’t go far enough.

The Corporate Insolvency and Governance Act 2020 inserts a new Part A1 of the Insolvency Act 1986 (IA 1986) which provides for a new insolvency process whereby directors of insolvent companies, or companies that are likely to become insolvent, can obtain a 20 business day moratorium period (which can be extended up to 40 days maximum). The Act came into force on 26 June 2020. The moratorium is designed to allow viable businesses time to restructure or seek new investment free from creditor action. There is eligibility criteria to be met in order to benefit from the moratorium, and the correct process needs to be followed to gain the benefit of the moratorium. The moratorium is monitored by an Insolvency