Grant ad colligenda bona When the estate of a deceased person may be endangered by delay in administering it, the court is not bound to wait for an application by the person entitled to a grant under the rules, but may grant letters of administration ad colligenda bona for the purpose of preserving the property (Re Clore). Such grants are always of administration only; where the deceased died testate, the Will is not proved or annexed to the grant ad colligenda bona. A grant ad colligenda bona may be made not only to a person whom the court considers suitable, but also to the persons who are entitled to a full grant (Re Clarkington's Goods) or to entire strangers who have been brought into connection with the matter (Re Gudolle's

A tenancy will be assured if, subject to other criteria, the property is let as a separate dwelling to a natural person who occupies it as their only or principal home: section 1 of the Housing Act 1988 (HA 1988). HA 1988, Sch 1 Pt I sets out various tenancies which cannot be assured, despite meeting the other conditions. These include (at HA 1988, Sch 1 Pt I, para 3A) tenancies at a low rent. Subject to conditions about when the tenancy was entered into, a tenancy cannot be assured if ‘the rent payable for the time being is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year and, if it is elsewhere, £250 or less a year’. Section 186 of the Local Government and Housing Act

What is salary sacrifice? Salary sacrifice (also called salary exchange) operates by varying an employee's terms and conditions of employment in relation to their pay. In effect, an employee agrees to give up the right to receive part of their earnings in return for the employer's agreement to provide the employee with some form of non-cash benefit. A non-cash benefit can include pension contributions where the amount that the employee gives up or 'sacrifices' from their pay is paid instead by the employer as pension contributions made on behalf of that employee into the pension scheme. As National Insurance Contributions (NICs) are determined in accordance with the remuneration which the employee actually receives, both the employer and employee will pay lower NICs as a result. Some employers may agree to pay part of their NICs savings into the employee's pension as well, although there is no obligation on employers to do this. How does it work? In practice, the employee must give up part of their entitlement to future earnings before

Sections 116-125 of the Building Safety Act 2022 (BSA 2022) set out provisions intended to protect leaseholders in multi-occupied residential buildings from certain costs associated with remediating historical building safety defects. In order for a lease to be within the definition of 'qualifying lease' for these purposes, it is necessary that (among other things, and subject to the important caveat below): ‘...at the beginning of 14 February 2022 (“the qualifying time”)— (i) the dwelling was a relevant tenant's only or principal home, (ii) a relevant tenant did not own any other dwelling in the United Kingdom,

Section 31 of the Localism Act 2011 (LA 2011) falls within Chapter 7 ('Standards') of LA 2011. Under LA 2011, s 27 a relevant authority must promote and maintain high standards of contact by members and co-opted members of the authority (LA 2011, s 27(1)) and must in discharging that duty in particular adopt a code of conduct (LA 2011, s 27(2)). Relevant authorities are defined in LA 2011, s 27(6) but are in effect county, district, borough and parish councils, the GLA, and various specified other bodies. By LA 2011, s 29 members and co-opted members are obliged to set out their interests in a maintained register of interests and by LA 2011, s 30 there must be disclosure

Stamp duty land tax (SDLT) applies to chargeable land transactions. A land transaction is an acquisition of a chargeable interest. Subject to some exceptions, the amount of SDLT is determined by the chargeable consideration for the land transaction. Chargeable consideration includes money and money’s worth and also other means by which value is given to the transferor of the land. An assumption of debt such as an assumption of a liability under a mortgage is chargeable consideration . A transfer of an interest in a property from individual A and individual B to individual B and individual C for no

In this Q&A, the initial one-year lease contains an option to renew for one year on the same terms between the same parties in respect of the same premises and so on, up to a maximum of nine years. Therefore, one party can always compel the other to renew the lease on identical terms for up to nine years in total. On

PI & Clinical Negligence analysis: Jodie McAuley, Senior Associate at Clyde & Co, and Kate Mikolajewski, Solicitor and Catastrophic and Large Loss Injury Manager at Clyde & Co, discuss the changes introduced by the Office for National Statistics (ONS) including the practical considerations to consider when dealing with periodical payment orders.

This Practice Note on the Business & Property Division’s (BPD) Disclosure Scheme set out in CPR PD 57AD provides a graphic summary of how the process of giving disclosure under the Disclosure Scheme works, including when the claim is deemed to be a Less Complex Claim. To determine whether or not your claim is subject to the Disclosure Scheme, see: Which disclosure rules apply to my claim—flowchart? For detailed guidance identifying the obligations of parties and their representatives in respect of each stage of this

We have assumed in this Q&A that the employer under the JCT Standard Building Contract 2011 and 2016 (SBC) is a ‘contractor’ for the purposes of the Construction Industry Scheme (CIS). This should be specified in the Contract Particulars against the reference to the Fourth Recital and clause 4.6 of the SBC 2016 (clause 4.7 in the 2011 edition). However, even if the parties fail to state this, or if the employer’s status changes such that it comes within the definition of a contractor under CIS only after the contract has been signed, the parties will still be subject to the obligations of CIS. For guidance on when an employer is classed as a ‘contractor’, see Practice Note: The construction industry scheme—when does it apply?—Contractors. Obligations under the CIS The obligations imposed by the CIS on contractors (including an employer that falls within this definition under the CIS) are considered in Practice

As noted in paragraph 3 to the Explanatory Notes of the Consumer Rights Act 2015 (CRA 2015): ‘The Consumer Rights Act 2015 sets out a framework that consolidates in one place key consumer rights covering contracts for goods, services, digital content and the law relating

The Consumer Rights Act 2015 (CRA 2015) came into force on 1 October 2015. Its purpose is to streamline and update existing legislation relating to the supply of goods and services to consumers, which was previously fragmented and not up to date with technological advancements. The CRA 2015 has also introduced provisions to deal with digital content. The CRA 2015 has amended or repealed eight existing pieces of legislation, including the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083 (UTCCR). See Practice Note: Consumer Rights Act 2015—summary for further details. The CRA 2015 applies to contracts with consumers entered into on or after 1 October 2015. For contracts entered into before that date, the previous legislation still applies. Who is affected by the CRA 2015 in the construction industry? Parties in the construction industry will be caught by the CRA 2015 where a 'trader' contracts with a 'consumer'. A consumer is defined under