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The court has a wide range of case management powers under CPR 3.1(2), including, among other things, adjourning or bringing forward hearings (CPR 3.1(2)(b)). The court has a discretion as to whether to expedite a trial and in deciding whether to do so, there is authority to suggest that the court should: • consider whether the urgency is justified and whether there is good reason for the expedition. The court will further consider what degree of expedition
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The Home Office’s guidance document Sponsor a Scale-up worker provides at para SC2.3 that ‘[i]f you already hold a valid licence to sponsor workers, you can apply to add the Scale-up route to that licence’. It points readers to the general guidance on adding licences in other routes at section L10 of Sponsor Guidance Part 1: Apply for a licence. The process is discussed in the Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure/Applying under more than one route: ‘Adding a route to an existing licence It is possible to subsequently apply to add other routes onto an existing licence, but this requires at least: • a fresh online application—which takes a shortened form for adding new routes • payment of an additional fee if the sponsor organisation is a large company with a Temporary Worker licence which is looking to add one or more
Q&As
There are three key elements to a business transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006): • an undertaking or business, or part of an undertaking or business, that constitutes an economic entity • a transfer of that economic entity • retention of identity by the economic entity after the transfer For further information, see Practice Note: TUPE—business transfers. The test for whether an employee transfers to the transferee on a relevant transfer under TUPE 2006 is not whether his job is potentially redundant, but whether: • he is assigned to the organised grouping of resources or of employees that is subject to the relevant transfer immediately before the transfer, and • his contract
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There is a specific form of wording required to certify a copy of a lasting power of attorney (LPA) as set out on www.gov.uk: Make, register or end a lasting
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According to Table 4: Applications Relating To Regulation And Administrative Matters and the specific procedural table for Accounts from Atkin's Court Forms, available on Lexis®Library, an application under section 456 of the Companies Act 2006 (CA 2006) should be made as a Part 8 claim, on form N208. Atkin's provides the following Precedent: Part 8 claim form for order directing
Q&As
Purpose of section 1096 CA 2006 Section 1096 of the Companies Act 2006 (CA 2006) provides for a mechanism for the rectification of the register pursuant to a court order in circumstances where the more informal rectification process under CA 2006, s 1095 is not appropriate. The Companies House Guidance GP6 (Registrar's rules and powers) provides a summary, in CA 2006, s 13, Sch 2, of the court’s powers under CA 2006, ss 1096 and 1097 to order the rectification of the register. Applications under CA 2006, s 1096 The
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What steps do you need to take to obtain an order for sale in relation to shares? A judgment debt may be enforced by securing a charge over the judgment debtor’s land or securities and then seeking a sale of such land/securities and satisfying the judgment debt from the proceeds of sale. A claim for an order for sale to enforce a charging order is made by: • issuing a Part 8 claim (see Practice Note: CPR Part 8 claims (alternative procedure for claims)): ◦ where the charging order was made at the County
Q&As
Relevant considerations when choosing who to appoint as an attorney are set out in Practice Note: Choosing the LPA attorney. It is important for any donor to consider how their attorneys will be able act in any future dealings with the property of which one attorney is also co-owner. A significant question is likely to be whether the attorneys will be able to legally dispose of the property should they need to sell it. The position where only one attorney has been appointed and that attorney is the sole co-owner of property
Q&As
Details on assessing eligibility of salaries are found in Practice Note: Sponsoring a Skilled Worker. The following information is taken from that Note. Salary option F is available for persons being sponsored in the health and education occupation codes listed in Table 2 of the Immigration Rules, Appendix Skilled Occupations (see: Immigration Rules, Appendix Skilled Worker, paras SW 13.1- SW 13.7). Their salary must equal or exceed both: • £20,960 per year, and • the going rate for the occupation code There is no £10.75 minimum hourly rate requirement. There is a further provision which allows nurses and midwives who are returning to practice or working towards Nursing and Midwifery Council (NMC) registration to be paid less than £20,960 per year for up to eight months in certain circumstances. If the applicant would work more than a 48 hour week, only the salary for the first 48 hours will be considered in relation to
Q&As
If the landlord is in breach of the covenant to repair and as a result the tenant has suffered loss, they are entitled to compensation in the form of damages. When determining the quantum of an award of damages, the court will attempt to place the tenant in the position they would have been in, if their landlord had performed the repairing covenants properly. Unfortunately, the assessment of general damages in a disrepair case is more of an art than a science, which cannot be predicted with any satisfactory degree of accuracy. Each case will turn on its own specific facts and the surrounding circumstances. The variation of any one of a number of factors can have a dramatic effect on the quantum awarded. Relevant factors include the number of rooms affected by the disrepair within a property, the particular vulnerability of the tenant and how much time they spend
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Assuming the easement is a legal easement, it can be registered by way of a caution against first registration (and if the dominant land is registered, by registering the benefit of the easement on the dominant title). If it is an equitable easement it should be protected by way of a Class D(iii) land charge. Registration of a legal easement where the servient land is unregistered The grant of the easement in itself does not trigger compulsory first registration of the servient land, however, if the grant may form part of registerable transaction, for example if it was granted within a transfer or part or the lease with more than seven years left to run (section 4(1) and 4(2) of the Land Registration Act 2002 (LRA 2002)). The legal easement is effective at law when made and binds the world. On first registration of the servient land, HM Land Registry must note the burden of any legal easements affecting the land contained
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Practice Note: Ad medium filum provides background to the principle. The ad medium filum rule is a common law presumption, applicable where a person who owns land abutting on a private or public highway is presumed to own the soil or sub-soil respectively