If the caveator does not have a contrary interest to the person warning, but wishes to show cause against the sealing of a grant to that person, they should issue a summons for directions, as set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 44(6): ‘A caveator who has no interest contrary to that of the person warning, but who wishes to show cause against the sealing of a grant to that person, may within [14] days of service of the warning upon him (inclusive of the day of such service), or at any time thereafter if no affidavit [or witness statement] has been filed under paragraph (12) below, issue and serve a summons for directions.’ Under NCPR 1987, SI 1987/2024, r 44(9),

A ‘party wall’ is defined by the Party Wall etc Act 1996 (PWA 1996). See Practice Note: Party Wall works—notices, disputes and awards and commentary: Statutory definition of 'party wall' etc: Halsbury's

A certificate of lawfulness only certifies that which is considered to be lawful: ‘If any person wishes to ascertain whether—(a) any existing use of buildings or other land is lawful;…he may make an application for the purpose to the local planning authority specifying the land and describing the use…’ (Section 191(1) of the Town and Country Planning Act 1990 (TCPA 1990)). ‘If, on an application under this section, the local planning authority are provided with information satisfying them of the lawfulness at the time of

This Practice Note provides practical guidance on what constitutes a change in circumstance for the purpose of an interim review or changed circumstance review of anti-dumping duties. Introduction One of the reviews that an investigating authority may conduct during the duration of anti-dumping duties is an interim review or changed circumstances review. The purpose of an interim review is to cater for cases where there is no longer a need to have the anti-dumping duties imposed or where the anti-dumping duties must be increased. This caters for, in the first instance, situations where there either is no dumping or there is no more injury or, in the second instance, situations where dumping and injury have increased. For guidance on interim reviews of anti-dumping duties, see Practice Note: Interim reviews in anti-dumping investigations. This Practice Note considers what constitutes a change is circumstance for purposes of an interim review. What change in circumstance is required The change in circumstance is important as it is the legal basis for the interim review. Not only is it required

This Q&A assumes that the land in question is registered at HM Land Registry and that the chargeholder referred to is a legal chargeholder ie holds a charge over the legal estate in the property and that their charge is registered in the charges register of the property at the Land Registry. The charge may be a first legal charge or a subsequent legal charge. Between themselves, legal charges rank in priority in the order of registration which governs priority in relation to the right of payment. It is usual for a legal charge to provide that the costs of enforcement can be added to the secured sum and recovered from the proceeds of sale with the sum secured. For more information, see Practice Notes: Priority between

There does not appear to be any evidence that an employee of the chargee cannot witness the chargor’s signature. Practice Note: Property deeds—use and execution of deeds in property transactions, provides guidance on who may witness the signature of a deed by an individual: ‘There are certain requirements in relation to the witness. A party to a deed cannot also

Registration at the Charity Commission (CC) is generally required for organisations that are charitable in nature although there are certain exceptions. On this point, see Practice Notes: Charity creation—legal points at Charity creation—legal points—Charity registration and Charity registration—when to register. We cannot trace any reference to the situation in 1993 although registration would have been regulated by either of the

The steps that are required to implement a new fee structure will depend upon whether the existing fee structure is specified in the CIO’s constitution. The Charity Commission has given two alternative forms of constitution for CIOs; a foundation constitution, designed for CIOs with charity trustees who are the only voting members, and an association constitution , designed for those CIOs with a wider membership and voting powers. A CIO’s constitution must be in one of these forms specified by Commission regulations, or as near to that form as the circumstances allow. For the purposes of this Q&A, it has been assumed that the CIO has an association constitution. If it mirrors the model association constitution closely, this means it will give a general discretion for the charity to set and charge membership fees as it sees fit,

There are a number of reasons why a charity or charitable trust may need to be closed. These may include the original purpose ceasing to exist; the loss of funding; the merger with another charitable institution, or other reasons. However, trustees of a charitable trust do not have automatic powers to wind up the trust, unlike, for example, directors of a company. It is necessary firstly to consider the governing document—the underlying trust deed. This may contain provisions relating to the powers of trustees to dissolve the trust as well as in respect of the application of any surplus funds. The trust deed may set out the obligation of the trustees to call a meeting of members and obtain authorisation, or it may set out the basis

It is unclear from the question how the charity is constituted. For the purposes of this response we have assumed that it is either a private company limited by guarantee or a charitable incorporated organisation (CIO) (as described in Practice Note: Charities—governing documents). In the case of the CIO, it has been further assumed that the ‘foundation’ model of CIO has been adopted, which

We refer you to the Practice Note: Tax treatment of capital received by beneficiaries

The matter may not be as simple as obtaining some external quotes. The first port of call should be the charity's constitution. If the constitution does not permit charity trustees to be paid, then paying a charity trustee to carry out the restoration work may not be possible. If the constitution does allow charity trustees to be paid, then, technically speaking, there may be no need to obtain