While it is correct that a property adjustment made under section 24 of the Matrimonial Causes Act 1973 (MCA 1973) may not be varied, it may well be that a true construction of the order in question includes an order for sale of property made under MCA 1973, s 24A in that the order may provide for the sale of the property in the event that one of the parties is unable to purchase the other party’s interest for the figure arrived at by way of a valuation. If this is the

Whether or not the court will have jurisdiction to set aside the existing order and make a new order by consent (and choose to exercise such jurisdiction as it may have) will depend on the precise circumstances of the case, in particular: (1) why the 1995 consent order was not fully implemented (if indeed this is the case), and (2) the reason(s) why the parties wish to set it aside and replace it with a new consent order. The Family Court has power to ‘vary, suspend, rescind or revive’ an order under section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), which in turn is given relevant procedural effect by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.9A in respect of financial remedy orders. FPR 2010, SI 2010/2955, 9.9A refers to the power to ‘set aside’

One of the situations where the Child Maintenance Service (CMS) will not have jurisdiction is where a child periodical payments order is made by a court by consent (per section 8(5) of the Child Support Act 1991 (CSA 1991)). However, where such a maintenance order (post-dating 3 March 2003) has been in place for more than one year, either parent may make an application to the CMS (CSA 1991, s 4(10)(aa)). Upon such an application,

In the circumstances outlined in the question, an application for an order for sale may be made adopting the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 procedure on Form D11—Application notice rather than by way of possession proceedings in the County Court (see Derhalli v Derhalli). The ability to claim an occupation rent will depend upon the interpretation

The decision in Mountney v Treharne provides authority for the general principle that a property adjustment order made before the presentation of the bankruptcy petition will be valid and will bind the trustee. However, there are notable differences between that case and the scenario of this Q&A, ie in that case the order was made under section 24 of the Matrimonial Causes Act 1973, and the husband was ordered to transfer all of his interest in the matrimonial home and did not retain a beneficial or legal interest in the property. See Practice Note: The impact of bankruptcy on divorce proceedings, in particular, the section ‘The impact of bankruptcy on divorce proceedings—The

HM Land Registry (HMLR) Practice Guide 78 (PG 78) deals with the registration requirements for overseas companies. Paragraph 3.1 deals with the evidence required on registration of an overseas company as proprietor of an estate or charge. HMLR must be satisfied as to the company’s corporate status and its powers of holding and dealing with land in England and Wales before registering it as proprietor.The Land Registration Rules 2003, SI 2003/1417, r 183, requires the supply (unless there is an arrangement for the company with

This Practice Note summarises the legal framework which governs the provision of adult social care in Wales, in particular where it diverges from the English provision framework. The key legislation, regulations, and guidance covered in this Practice Note are: • the Social Services and Well-being (Wales) Act 2014 (SSW(W)A 2014) • the Care and Support (Assessment) (Wales) Regulations 2015, SI 2015/1305 • the Social Services Complaints Procedure (Wales) Regulations 2014, SI 2014/1794 • Social Services and Well-being (Wales) Act 2014—Code of Practice Headline differences between adult social care in England and Wales Implemented on 6 April 2016, SSW(W)A 2014 introduced a wide range of reforms to local authority (LA) duties in Wales. Many of the provisions are similar in nature to the changes made in England under the Care Act 2014 (CA 2014). CA 2014 does not apply in Wales. For guidance on LA duties in England, see Practice Note: Local authority social care duties. The key differences between CA 2014 and SSW(W)A 2014 are as follows: • SSW(W)A

This Practice Note sets out the legal and regulatory regime governing mobile satellite services (MSS) in the EU. The main communications satellite services are: • MSS • fixed satellite service, and • broadcast satellite service In general, currently, at EU level, the legal and regulatory framework for each service is aligned in relation to obtaining access to spectrum (although the services may use different spectrum bands) and when seeking to obtain a launch and operations licence. This Practice Note focuses on the law and regulation of MSS at European level. For more information on the law and regulation of MSS in the UK, see Practice Note: An overview of the law and regulation of mobile satellite services—UK. What are mobile satellite services? Systems providing MSS use spectrum to provide high-speed communications between satellites and mobile Earth stations (including terminals on ships or cars), or handheld mobile terminals. Such services may include high-speed internet access to television and radio, public protection and disaster relief communications and telecommunications. MSS systems

This Practice Note sets out the legal and regulatory regime governing the provision of mobile satellite services (MSS) in the UK. The main communications satellite services are: • MSS • fixed satellite service, and • broadcast satellite service In general, at UK and international level, the legal and regulatory framework in relation to obtaining access to relevant spectrum for the provision of each service is similar, although the services may use different spectrum bands. In the UK, access to all satellite spectrum is obtained through Ofcom. Ofcom represents the UK Government in the International Telecommunication Union (ITU). Similarly, the process and procedures for obtaining a launch and/or operations licence from the UK Civil Aviation Authority will be the same for the satellites used for the provision of each satellite service. There may be differences in relation to the requirements to obtain the requisite terrestrial licences and certain aspects of the ITU filing procedures and requirements of the ITU Radio Regulations. An MSS system may also

We assume the owner of the dominant land is the freeholder owner and the tenant of the servient owner is not entitled to enlarge their tenancy into the freehold pursuant to section 153 of the Law of Property Act 1925. Where the servient land has been tenanted during the 20-year period of use, the dominant user cannot acquire a prescriptive right of way on the basis of the fee simple rule—see Wheaton v Maple & Co and Simmons v Dobson. This rule has been criticised by Lord Millett,

For restrictive covenants affecting registered land, a notice must be entered in the charges register of the burdened land. Notice of the covenants on the register takes effect as an incumbrance so that each subsequent registered proprietor of the land which is subject to the covenants, or of a derivative

It depends on the wording of the rent review provision. However, there have been a number of cases where the superior lease was surrendered but this did not prevent the rent review in the underlease still being capable of operation. For example, in Lorien Textiles (UK) Ltd v SI Pension Trustees Ltd, it was held that an