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GLOSSARY
The internal review process challenging the outcome of certain Home Office decisions caused by a case-working error. The review is conducted internally within the Home Office by a separate team than the initial decision maker.
NEWS
HM Courts & Tribunals Judiciary has published updated guidance for court users in England and Wales on judicial review in the Administrative Court. The Administrative Court Judicial Review Guide 2025 provides general information on how judicial reviews should be conducted, including the relevant statutory provisions, procedural rules, practice directions and case law. The guide also includes contact details for the court, information on the relevant forms and fees and current service addresses for government departments. The 2025 edition replaces the 2024 edition. While the majority of the guidance is unchanged, we have summarised the key substantive updates. Notably, the 2025 edition introduces a specific warning on the use of AI in the preparation of skeleton arguments and the penalties for citing false authorities.
GLOSSARY
The insolvency practitioner, and officer of the court, who is charged with managing the affairs, business and property of a company in administration.
GLOSSARY
Person or body responsible for the day-to-day management of the pension scheme.
FLOWCHARTS
This flowchart deals with the position both where an individual has died wholly intestate (ie with no Will) and where they have died leaving a Will which cannot be administered because there are no executors available to act, perhaps because none were appointed in the Will or because those
GLOSSARY
An administrator ad litem is a person appointed by a court to administer a deceased person’s estate solely for the purposes of particular proceedings, usually where no personal representative exists, or the existing executor or administrator cannot or should not act in those proceedings. The role is limited and procedural: the administrator ad litem is given authority to represent the estate in specific litigation (for example, a negligence claim, probate dispute or dependency claim) without having full powers to distribute or manage the estate generally.In England and Wales and Northern Ireland, appointment is typically made under the court’s inherent or statutory jurisdiction in probate or civil proceedings, and the expression “administrator ad litem” is descriptive rather than a distinct statutory office. In Ireland, similar practice exists, often linked to contentious probate or fatal injuries claims. In Scotland, a roughly equivalent concept arises through appointment of a judicial factor or executor dative for limited purposes, though the precise terminology “administrator ad litem” is less common.The appointment safeguards procedural fairness, ensures the estate can sue or be sued, and avoids delay where there is dispute, conflict of interest, or absence of a functioning personal representative.
NEWS
Pensions analysis: In the Pensions Ombudsman determination of Mr S, CAS-64392-H8Z8, the Deputy Pensions Ombudsman (DPO) has rejected a complaint that a scheme failed to carry out appropriate due diligence on a pension transfer. Furthermore, Mr S was aware of the risks of pension liberation and was likely to have transferred in any event. Martin Scott of gunnercooke LLP looks at the decision.
NEWS
Pensions analysis: In the Pensions Ombudsman determination of Mr R, CAS-60559-J2R8, the Pensions Ombudsman (PO) has upheld a complaint from an experienced investor that a delay in effecting a pension transfer resulted in the loss of an investment opportunity. While the onus of proving the loss rests with the complainant, Mr R was a canny investor who could reasonably be expected to take advantage of market opportunities. The administrator had also failed to keep Mr R informed on the progress of the transfer which amounted to maladministration. Martin Scott of gunnercooke LLP looks at the decision.
NEWS
Pensions analysis: The Deputy Pensions Ombudsman (DPO) has partially rejected a complaint about a member being misled into opting out of a scheme in order to avoid a lifetime allowance charge. Martin Scott of gunnercooke LLP looks at the decision.
GLOSSARY
An administrator pendente lite is a neutral personal representative appointed by the court to safeguard and manage a deceased person’s estate while probate litigation or a dispute about entitlement to a grant is ongoing. The appointment ensures continuity and prevents dissipation of assets during contentious probate.In England & Wales and Northern Ireland, the High Court can issue a limited grant of administration “pending suit”. The appointee (often an independent solicitor or accountant) may collect and preserve assets, insure property, continue essential business operations, pay proper expenses and liabilities, and bring or defend proceedings where appropriate, commonly with the court’s permission. They must not distribute the estate or determine beneficiaries. Their authority ends when probate or letters of administration are granted, and they must account to the ultimate personal representatives. The concept is recognised in probate legislation and case law and is distinct from a grant ad colligenda bona, which is for urgent preservation only.In Ireland, comparable limited grants are available under the Succession Act 1965. In Scotland, the closest equivalent is a judicial factor appointed to hold and manage the estate pending resolution; the Latin term is not used.
GLOSSARY
An administrator with will annexed is the personal representative appointed by the court to administer a deceased person’s estate where there is a valid will but no executor is able or willing to act. The grant is usually called “letters of administration with will annexed” because the will is attached to, but not proved by, an executor. In England and Wales and Northern Ireland, this role is governed mainly by the Administration of Estates Act 1925 and equivalent probate legislation and rules. Priority to apply usually follows the order of entitlement under the non‑contentious probate rules, commonly starting with the residuary beneficiary. In Ireland, the concept and terminology are similar under the Succession Act 1965 and rules of the Probate Office. In Scotland, the nearest equivalent is an “executor-dative with will annexed”, appointed by the sheriff court where no executor-nominate can act, with procedure governed by succession and court rules. Practically, an administrator with will annexed must distribute the estate in accordance with the will, subject to statutory rights (including legal rights in Scotland) and claims. The role carries the usual fiduciary duties and potential personal liability for misadministration.
NEWS
Restructuring and Insolvency analysis: Liquidators of a company brought a claim for £250m against its former administrators. The company’s main asset was a hole in the ground—a development site in Blackfriars, London. The allegations were wide-ranging but broadly fell into three alleged categories of failure: (1) to act independently and in accordance with their legal duties; (2) to properly assess the value of the site, in particular its planning potential; and (3) to market and sell at value. The case provides useful guidance as to the scope of administrators’ duties, particularly in the context of the sale of a development property asset, and the threshold tests for establishing breaches of those duties. The court rejected every disputed aspect of the liquidators’ case and held that the administrators had acted independently, in accordance with their obligations, and had sold the site for its market value. Interesting observations were also made regarding remote trials. Written by Ben Smiley, barrister at 4 New Square and counsel to the respondents.