As an occupational licence is a contractual arrangement, the starting point should be to review the terms of the licence. It may set out express termination provisions, in which case the procedure

Once a company goes into liquidation (whether compulsorily following the making of a winding-up order, or voluntarily following the passing of a resolution by the company's members), the company remains a separate legal personality notwithstanding liquidation, and remains the legal owner of its property which it holds on trust for its creditors in accordance with the provisions of the Insolvency Act 1986 (IA 1986). Accordingly, the company will remain the legal owner of the cause of action. For further reading, see Commentary: Property available for distribution, Bailey & Groves: Corporate Insolvency—Law & Practice, para [22.1]. It is one of the main duties of

An authorised officer, is any officer of the local authority who is permitted in writing for the purposes of Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976). Although there is no power contained in the Town Police Clauses Act 1847 (TPCA 1847) to designate a local authority officer as an authorised officer, there is no reason why a local authority should not delegate its powers under the TPCA 1847 or other Acts such as section 64 of the Transport Act 1980 (TA 1980), to an officer in accordance with its general powers of delegation under section 101 of the Local Government

The Care Act 2014 (CA 2014) provides a framework for the recovery of debts resulting from a local authority’s involvement in support and care, revoking section 22 of the Health and Social Services and Social Security Adjudications Act 1983. Under CA 2014, s 69, any sum due to a local authority under this part is recoverable by the authority as a debt due to it. Comprehensive information and guidance on how local authorities should implement CA 2014 is found in the

Sections 76–78 of the Building Act 1984 (BA 1984) contain provisions allowing local authorities to require certain classes of people to take action to remedy defective or dangerous buildings, or in default to take action themselves. Unless immediate action is required and it is not reasonably practicable to do so, notice is to be given in advance. Under BA 1984, s 76 (in the case of defective premises), notice is to be served on the person on whom it would have been appropriate to serve an abatement notice, which is (pursuant to section 80 of the Environmental Protection Act 1990): ‘(a) except in a case falling within paragraph (b) or (c) below, the person responsible for the nuisance; (b) where the nuisance arises from any defect of a structural character, the owner of the premises; (c) where the person responsible for

The question of whether or not land is highway is ultimately a question for the court to determine, based on whatever evidence is put before it. See, for example, the consideration given to the issue by Lady Justice Macur and Lord Justices Bean and Singh in the Court of Appeal case of Barlow v Wigan MBC. The judgment of Lady Justice Macur in Barlow in 2020 merits close attention. Although the facts in the case are not identical to those in this query, paragraph 21 summarises the legal position: 21. A highway may be created either by statute or by dedication and acceptance. Dedication may be (a) express (of which there is no evidence in this case); (b) deemed by the operation of s 31 of the

Assuming all reasonable avenues to try and contact and locate the freeholder have been exhausted, and only if the leaseholder is certain that the freeholder cannot be found, the most practical solution might be for the leaseholder to make an application to the County Court for a vesting order pursuant to section 27 of the Leasehold Reform Act 1967. In order to do so, the leaseholder should make the application using a Part 8 claim form (CPR 8) and be able to produce evidence which demonstrates that they have made attempts to track down the absent freeholder. This should include: • providing the court with the freehold title to the property (this will often state the freeholder’s last known address) • proof that the freeholder no longer lives at that address • a statement to confirm that the leaseholder has visited the last known address without any

In HM Land Registry Practice Guide 31: discharge of charges, at section 2.6, HM Land Registry confirms that the Land

It is assumed that the company is a private company limited by shares. The appointment and termination of appointment of a director will be governed by the company’s articles of association. Where a sole director shareholder loses capacity, the company’s articles of association should be checked for any provisions that may set out what steps should be taken. First, it will be necessary to determine whether or not the director shareholder has actually lost capacity. The model articles for companies limited by shares, Schedule 1 of para 18(d) to

It is a question of construction whether a contractual licence is revocable. If the contract specifies a notice period, then that provision must be complied with. Otherwise, in most cases, a contractual licence will be terminable on giving reasonable notice to licensee (a non-contractual/gratuitous licence is always terminable). For ‘periodic’ residential licences, section 5 of the Protection from Eviction Act 1977 specifically provides: ‘(1A) Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless— (a) it is in writing and contains such information as may be prescribed, and (b) it is given not less than 4 weeks

Section 25 of the Partnership Act 1890 provides that no majority of the partners in a general partnership can expel a partner unless such power has been conferred by express agreement of the partners. It will therefore be necessary to review the terms of the partnership agreement for any provisions relating to the compulsory retirement or expulsion of a partner and/or the implications of breaching the agreement. Precedent: Partnership agreement includes the power to require

To discontinue a claim, CPR 38.3(1)(b) requires that a notice of discontinuance be served on all parties in the proceedings. However, in the event that a company is dissolved and removed from the register, it will cease to exist and would no longer be in a position to defend against proceedings. As the company