Does the landlord have to become a member of the Company? The Commonhold and Leasehold Reform Act 2002, s 74 (CLRA 2002) provides that: The persons who are entitled to be members of a company, which is a right to manage (RTM) company in relation to premises are: • qualifying tenants of flats contained in the premises, and • from the date on which it acquires

CPR 35.7–CPR 35.8 and CPR PD 35 deal with the instruction and use of experts by the parties and the powers of the court to order their use. Expert witnesses and those instructing them are expected to have regard to: • all relevant CPR Rules and Practice Directions • the ‘Guidance for the instruction of experts in civil claims’ (the Guidance). Note: on 1 December 2014, the Guidance replaced the ‘Protocol for the Instruction of Experts to give Evidence in Civil Claims’ (the Protocol) which had been annexed to CPR PD 35 • Practice Direction Pre-Action Conduct and Protocols, para 7 • any relevant provisions depending on the track and/or the court in which your matter is proceeding—see Practice Notes: Court guides and other guidance, TCC—expert evidence—Experts' meetings

Arbitration analysis: Under three contracts dated May and June 2021, State Food and Grain Corporation of Ukraine (Sellers) agreed to sell and Trans Trade RK SA (Buyers) agreed to buy various quantities of corn on FOB Chornomorsk, Ukraine terms for delivery between May and August 2021 (the Contracts). The Buyers paid the price for the cargo loaded onto two vessels but failed to pay for cargo loaded onto two further vessels. Darren Wall and Lucy Wickham of Hill Dickinson consider the facts.

In terms of section 108(2)(f) of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), parties to construction contracts must provide for the adjudicator to have the power to take the initiative in ascertaining the facts and the law. If they do not, the parties’ adjudication rules are replaced with those in the Scheme for Construction Contracts (the Scheme), which does include this provision. The power to take the initiative gives the adjudicator the discretion to take a ‘proactive’ approach. This is different from the position of a judge, whose role is generally one of a ‘referee’. In Macob v Morrison the court explained that the adjudicator could, on the basis of this power, ‘conduct an entirely inquisitorial process, or…invite representations from the parties’. It said that Parliament, in drafting HGCRA 1996, envisioned that adjudications would not need to be conducted in the same way as traditional forms of dispute resolution. However,

This Practice Note looks at an adjudicator’s entitlement to payment of their fees and expenses, their power to allocate responsibility for such payment, the ability to challenge the ‘reasonableness’ of an adjudicator’s fees, and the position where an adjudicator produces an unenforceable decision (for example, because they breached principles of natural justice). Typically, when an adjudicator is appointed, they will send out their terms and conditions of appointment, which will include the basis on which they will be paid. The terms may also make explicit provision for situations where the adjudication ends early (for whatever reason) or where the decision is unenforceable. This Practice Note largely focuses on situations where the adjudicator does not issue terms and conditions, or where the terms and conditions do not cover the material situations. In particular, it looks at the relevant provisions of the Scheme for Construction Contracts (the Scheme) which will apply to the majority of construction contracts. Key principles The general principles are: • an adjudicator is entitled to payment of their reasonable fees and expenses

Section 362A of the Financial Services and Markets Act 2000 (FSMA 2000) provides that an administrator may not be appointed by directors using the out-of-court route set out in Schedule B1, para 22 to the Insolvency Act 1986 without the consent of the appropriate regulator where that company falls within FSMA 2000, s 362(1)(a)–(c). This includes an appointed representative. The consent should be filed along with the notice of intention (NoI) to appoint administrators or, where no NoI

In respect of an estate, an administrator is, in accordance with section 55(1)(ii) of the Administration of Estates Act 1925 (AEA 1925) a person to whom administration is granted, and by AEA 1925, s 55(1)(i): ‘Administration’ means with reference to the real and personal estate of a deceased person, letters of administration, whether general or limited, or with the will annexed or otherwise. By AEA 1925, s 55(1)(xi), ‘Personal Representative’ means the executor or administrator for the time being of a deceased person. As a result, where there has been

Driver liability A road user owes a duty to take reasonable care to avoid doing or omitting to do anything that they can reasonably foresee would cause injury to others. For further guidance on the duty of care owed by road users, see: Road traffic accident claims—overview and Practice Note: Duties of the road user. Vicarious liability In certain situations an employer, may be held to be vicariously liable for the negligence of a driver. If the driver was not an employee of the defendant, a potential claimant will need to consider the relationship between the driver and the defendant and the connection between that relationship

The mediation information and assessment meeting (MIAM) requirement applies to specified proceedings, including proceedings for a financial remedy per the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, 3.6(2)(b)) and as specified in FPR 2010, PD 3A, para 13. Certain circumstances attract a MIAM exemption (see

Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides: ‘Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes’. To come within this definition there must be ‘premises’ which are capable of ‘occupation’. This immediately separates some types of easement from others. In Pointon York Group Plc v Poulton, the Court of Appeal held that there is no decided case which holds that an incorporeal

For the purpose of this Q&A, we have assumed that the tenancy is an Agricultural Holdings Act 1986 (AHA 1986) tenancy. Where the tenant quits all or part of a holding to which AHA 1986 applies, the landlord may claim compensation for any disrepair, dilapidation or damage to any particular part or parts of the holding caused by the

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