Extramarital sexual relations that in a legal context may be one of the 'facts' on which a petition for divorce is based.

This Practice Note summarises the law in relation to adultery in divorce proceedings that were issued prior to 6 April 2022. It sets out the definition of adultery in the context of divorce proceedings and the evidence required to prove adultery, including by confessions or admissions. It looks at the issue of intolerability and the effect of the parties living together after knowledge of adultery and the position of the co-respondent. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications are not impacted by the coming into force

On 31 January 2018, the Scottish government launched a consultation on a possible reform of the Adults with Incapacity (Scotland) Act 2000. This was succeeded by the Scottish Mental Health Law Review, which was published in September 2022. Proposals for an Adults with Incapacity Amendment Act were published by the Scottish Government in July 2024 (see here), and are currently under consultation. The Scottish Government is also consulting on a draft Learning Disabilities, Autism and Neurodivergence Bill (see: here). The Scottish Government has indicated that a wider reform of the Adults with Incapacity regime will be considered as part of a Work Programme running up to 2030. No new legislation is expected to be passed before the Scottish Parliament is dissolved in May 2026. This Practice Note discusses the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000), the legislation which provides a framework for safeguarding the welfare and managing the finances of those people in Scotland who are over the age of 16 and who lack capacity

An advance payment of corporation tax made by a company between 1973 and 1999 when it made dividend payments (or any other qualifying distributions) to its shareholders.

Background The Mental Capacity Act 2005 (MCA 2005) and its accompanying Code of Practice (the Code) make provision in relation to advance decisions. There were a number of cases and judgments that dealt with advance decisions but MCA 2005 is an attempt to codify all the common law rules and bring them within a legislative framework. The relevant sections of MCA 2005 are 24–26 and these should be read alongside Chapter 9 of the Code. The principle of an advance decision is that it is a statement by a person when they have capacity in relation to decisions of a medical nature that may have to be made when they do not have capacity. Common law has always accepted that an individual has total freedom to determine, in advance, whether or not to undergo medical treatment and any statement to this effect used to be known as a 'living Will' prior to the introduction of MCA 2005. MCA 2005 has put this living Will concept into a statutory context as an advance decision. An advance decision should

What is an advance decision? An advance decision is a decision made by someone who is over 18, refusing specified medical treatment in the future when the decision maker may lack capacity to give or refuse consent to that treatment. Advance decisions and advance statements are sometimes referred to as living Wills. If the advance decision is valid and applicable to the circumstances, it will be legally binding on healthcare professionals (section 26 of the Mental Capacity Act 2005 (MCA 2005)). Where a patient has not made an advance decision but lacks capacity to consent to treatment, the healthcare professional will provide the treatment if it is necessary and in the patient's best interests unless the patient has appointed an attorney under a health and welfare lasting power of attorney (LPA), or the Court of Protection has appointed a deputy to make such decisions on behalf of the patient. The healthcare professional would not need any formal powers or authority to act but should consult anyone interested in the patient's health

A notice (registered in the relevant property register) to protect the grantee of a deed intended to be registered in the Land Register of Scotland. The 35-day protected period starts on the day after the advance notice is registered. The grantee is protected against the granter being inhibited during the protected period and the protected deed is given priority over competing deeds registered in the protected period (except for statutory notices of potential liability for costs).

A payment by an employer to cover a contractor's start up and procurement costs, usually before work starts on site.

A financial guarantee provided when part payment against goods is made in advance of delivery.

An advance payment bond is a particular form of performance bond, invariably written as an 'on demand' instrument. See Practice Notes: Performance bonds—construction projects and On demand performance bonds—construction projects. This Practice Note examines: • the nature of advance payment bonds • why they are used in the construction industry, and • the key features in the wording of the advance payment bond Why are advance payment bonds used? The typical payment procedure, under any building contract, provides that the contractor will be paid in instalments, as each stage of the works is carried out following inspection, quantification and certification by the contract administrator. In short, payment is in arrears, in respect of work already carried out. There will be circumstances in which an advance payment will be made to the contractor, for example to facilitate the contractor’s mobilisation procedures, or to assist the contractor to place orders for the long term manufacture and delivery of steel or other materials. Whenever an advance payment is made to a contractor, the employer is exposed to the risk of loss

SCHEDULE Bond Number [insert] Dated: Parties 1 The Employer: [insert] incorporated in [England and Wales] (Company Number [insert]) whose registered office is at [insert]. 2 The Contractor: [insert] incorporated in [England and Wales] (Company Number: [insert]) whose registered office is at [insert]. 3 The Surety: [insert] incorporated in [England and Wales] (Company Number [insert]) whose registered office is at [insert]. (A) The Building Contract: The contract dated [insert] between the Employer and the Contractor for the construction of [insert] (the “Works”). (B) The Advance Payment: £[insert] to be paid by the Employer to the Contractor under clause [insert] of the Building Contract. (C) Maximum Bond Amount: The aggregate amount of £[insert] less an amount equivalent to any amount(s) of the Advance Payment that may from time to time be repaid by the Contractor to the Employer. (D) Expiry Date: [The date of practical completion/making good defects of the Works in accordance with the Building Contract/other long stop date] (E) Insolvent/Insolvency: [Insert corresponding definition from the Building Contract] This Advance Payment Bond (the “Bond”) comprises the Schedule attached at the beginning of this document and the following terms and conditions. 1 Words and phrases defined in the Schedule

This Checklist sets out points to consider when drafting and agreeing an advance payment bond for a construction project. See also Practice Note: Advance payment bonds. • Parties—a party with a registered office outside of England and Wales may be required to specify an address for service within England and Wales. Think carefully before accepting a surety based outside the UK and (where appropriate) check that the surety is duly authorised to issue bonds in the UK. Always insert company registration numbers so companies can be identified in the future. • The relevant contract—set out details of the building contract and the works to which the advance payment bond relates. • Advance payment—specify the amount and cross reference to the relevant