In answering this Q&A, it has been assumed that the individual has a valid easement created by deed but the plan attached to the deed showing the location of the tank is incorrect. In considering whether the disparity between the plan attached to the easement and the actual extent of the easement, invalidates the easement, the deed granting the easement will need to be construed objectively to ascertain the parties’ intentions ie: • is it the case that the parties intended the easement to be in the location as shown on the plan, or • is it the case that the plan is wrong and the parties always intended the easement to exist as it does It has been assumed that as the individual has been using the septic tank and drainage system as currently constituted,

As set out in Practice Note: Higher rates of SDLT on additional residential properties, the higher rates of SDLT have a number of different sets of requirements depending on how many interests in land are being acquired. As further explained in that Practice Note, under paras [5]–[6] under Schedule 4ZA of the Finance Act 2003 (FA 2003), there are special rules to deal with the an individual purchaser acquiring a major interest in two or more dwellings in one transaction. The rules for linked transactions under FA 2003, s 108 may treat the purchaser as if it had made one notifiable transaction, but it does not deem the transactions to be a single transaction. This is very clear from the way that the SDLT is calculated under FA 2003, s 55. Therefore,

This is a situation dealt with in the insolvency Ethics Code for Members, that all IPs are required to follow. The Ethics Code identifies five fundamental principles with which IPs are required to comply: • integrity • objectivity—conflict of interest or undue influence should not be allowed to override professional judgement • professional competence • confidentiality • professional behaviour—IPs should avoid action that discredits the profession The fundamental principles likely to be most affected by this situation are objectivity and professional behaviour. An IP should take care to identify threats to the fundamental principles that exist at the time of accepting an insolvency appointment. The Ethics Code categorises threats as follows: • self interest—as a result

Home rights or more properly matrimonial home rights are creatures of statute—the Matrimonial Homes Act 1967 as amended by the Family Law Act 1996 (FLA 1996). The intention is to create a judicially protected right of occupation in favour of a spouse or civil partner who has no right of occupation by virtue of an estate, interest, contract or statute or only has an equitable interest in it. In most, but not all cases, it arises where the legal estate is vested solely in the husband, even if he holds on trust for himself and his wife. The wife has the protected rights but the husband does not because he does not need them. The right is: • not to be evicted

It is assumed that the deceased died on or after 6 February 2020. We refer you to Practice Note: Intestacy—beneficial entitlement which sets out the key matters to be considered in cases where the deceased has died wholly intestate. With respect to the position of the surviving spouse, see section: Spouse or civil partner. If the deceased left no issue, the spouse will take the entire estate. If the deceased

Principles of construction Where there is ambiguity or uncertainty as to the meaning of provisions in a Will, the court in construing it will seek to give effect to the testator’s intention as expressed in the Will read as a whole and in light of any admissible

A trespasser is a person who enters or remains on another person’s land without the permission of the person who has the right to immediate possession of it. The registered freehold owner of the land has the right to immediate possession of the land. The freeholder may decide to grant a long lease against the freehold title, and that person would have the right to immediate possession of the land. The long leaseholder may be permitted to grant a short lease, and that shorter leaseholder would have the right to immediate possession of the land. If a person takes up occupation of land over which they have no right to occupy, that person is a trespasser. Alternatively,

For the purposes of this Q&A, we have focussed on the issue of dissipation of assets in the context of freezing orders but we have also considered dissipation in the context of civil recovery proceedings and restraint orders. Freezing orders/injunctions The standard-form freezing order annexed to CPR PD 25A and the alternative version of the standard-form found in Appendix 5 of the Admiralty and Commercial Courts Guide contain restrictions on the respondent’s ability to dissipate his assets. The standard-form freezing order contains a prohibition on the respondent ‘removing… or in any way disposing of, dealing with or diminishing the value of any of his/her assets’. If the individual in this case is subject to a freezing order,

Background—acquiring easements by prescription Easements can be established other than by express deed and implied grant through a process known as prescription. Prescription is defined as ‘a title acquired by use or enjoyment had during the time and in the manner fixed by law’. In other words, prescription is the acquisition of a right through long use or enjoyment; the law presumes that the right was lawfully granted. One of the most common ways that an easement is established by prescription is under the Prescription Act 1832 (PA 1832). By virtue of PA 1832, s 2, an easement can be established by the dominant owner showing twenty year’s use without interruption of the servient land. There is, of course, the proviso that this 20-year

This Q&A covers the requirements for a potentially exempt transfer and, we have assumed that: • the oral declaration of trust was valid and took effect immediately • the document evidencing the declaration of trust, once executed, will be valid and binding and contain the same trusts as those declared by the oral declaration Where a gift is made to any other person, outside a spouse or charity, or certain favoured classes of trust,

In general, the ordinary principles of law concerning civil liability are equally applicable to local authorities as to other persons. For further information, see Halsbury’s Laws of England: Civil liability of Local Authorities: General principles. A person who suffers injuries caused by the defective state of a highway may have a cause of action against the relevant highway authority in negligence, public nuisance or for breach of the highway authority’s statutory duty to maintain

For information on demergers generally, see: Demergers—overview. You may wish to consider: • whether the proposed demerger amounts to a (a) business transfer or (b) service provision change (SPC) under the Transfer of Undertakings (Protection of Employment Regulations) 2006 (TUPE 2006), SI 2006/246 • if so, the effect of a relevant transfer under TUPE 2006, SI 2006/246 on employees of Company A (ie would the transfer have the effect of transferring those employees to Company B, which would depend on the nature of the transfer) • if the employee is unable to establish the desired right under TUPE 2006, SI 2006/246, whether it is possible for them to assert that they are in fact (and were pre-transfer) employed by Company B, despite, for example,