In a divorce, compensation forms part of the triumvirate of needs, sharing and compensation. The principle of compensation was described in Miller v Miller; McFarlane v McFarlane at para [13] as: ‘Another strand, recognised more explicitly now than formerly, is compensation. This is aimed at redressing any significant prospective economic disparity between the parties arising from the way they conducted their marriage. For instance, the parties may have arranged their affairs in a way which has greatly advantaged the husband in terms of his earning capacity but left the wife severely handicapped so far as her own earning capacity is concerned.’ See Practice Note: Compensation, sharing and equality. As Miller v Miller; McFarlane v McFarlane at para [15]

How does the coronavirus (COVID-19) outbreak impact on transparency orders in the Court of Protection? Mr Justice Hayden issued guidance on remote hearings in the Court of Protection on 31 March 2020. In this guidance, Hayden J made it clear that transparency is central to the philosophy of the Court of Protection and, while it will be difficult to ensure that a Skype hearing is as accessible to the public as an ‘open court’, this does not mean that transparency can become a casualty of our present public health emergency. If anything, the present emergency enhances the need for continuing press scrutiny, representing, as it does, the conduit by which we preserve the fundamental right of freedom of expression. Having said this, the provisions of Practice Direction 4C: Transparency

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? Paragraph 8 of Schedule 12 to the Criminal Justice Act 2003 (CJA 2003) (CJA 2003, Sch 12, para 8) governs what happens if an offender breaches a suspended sentence order (SSO) imposed by a court. It is only where it is proved to the satisfaction of a court before which an offender appears or is brought under of CJA 2003, Sch 12, paras 6 or 7 or by virtue of CJA 2003, s 192(6) (periodic review) that the offender has failed without reasonable excuse to comply with any of the community requirements of the suspended sentence order, or, where an offender is convicted of an offence committed

Forming enforceable contracts A valid contract requires offer, acceptance, consideration, intention to create legal relations, capacity and certainty. Acceptance can be by words or conduct. See: Formation and interpretation—overview for a summary of the requirements for a valid, enforceable contract. Death occurring prior to signature Authority of director to bind company The articles of association of a company will generally provide that the board of directors is responsible for the management of the company giving the directors express authority. The articles may also authorise the board to delegate authority to one or more individuals whether directors or otherwise. However, an individual director may still be authorised to exercise the powers of the company even if the board of directors has not passed a board resolution to formally delegate its powers to them and if there is any dispute over whether or not an individual director has been

Under section 255 of the Housing Act 2004 (HA 2004), a local authority (LA) is provided with a power to make a house in multiple occupation (HMO) order. The tests for establishing whether a property is a HMO or not is provided by HA 2004, s 254, however, where a property does not fulfil the tests contained within ss 254(2), 254(3), 254(4) or 254(5), then the LA retains a power to declare the property to be an HMO, provided they reasonably believe that the property has 'significant use' as an HMO (HA 2004, s260). For more information of the classification of HMOs, please see our Practice Note: Houses in multiple occupation (HMOs). The designation of a property as a HMO, as was the case in Herefordshire Council v Rohde [2016] UKUT 39 (LC) (Rohde), may be appealed to the First Tier Tribunal (FTT) by

This Q&A considers the impact of the disclosure pilot scheme under CPR PD 51U (the DPS) on proceedings in the Technology and Construction Court (TCC), and in particular the following questions: • (i) in the TCC, a case management conference (CMC) may occur before statements of case have been closed (CPR PD 60, para 8.1) whereas some steps under the DPS must occur after the statements of case have closed but before the first CMC. How do the pre-CMC obligations under the DPS tie in with this scenario? For example, there will not have been any initial disclosure provided by the defendant, and filling in the disclosure review document without a defence would pose some difficulties • (ii) the TCC eDisclosure Protocol is not directly referenced in CPR PD 51U. Does it apply in proceedings subject to the pilot? • (iii) are there any other potential conflicts or issues to consider when conducting proceedings subject to the DPS

Commercial analysis: Introduced by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), the new failure to prevent fraud (FTPF) offence came into force on 1 September 2025, covering fraud by false representation, fraud by failing to disclose information, and false or misleading statements by directors—provisions that can be directly applied to misleading sustainability claims. While greenwashing has historically resulted mainly in regulatory sanctions, companies now face the risk of criminal prosecution if they fail to prevent misleading or unsubstantiated claims. Consequently, companies are advised to seek expert guidance to review current practices and to develop and implement robust procedures that ensure sustainability claims are clear, accurate, and supported by evidence. Written by Dan Gray and Christopher Gribbin of Mishcon de Reya.

Criminal Justice and Courts Act 2015 The Criminal Justice and Courts Act 2015 (CJCA 2015) introduced amendments to judicial review by way of amendments to the Senior Courts Act 1981 and also the Tribunals, Courts and Enforcement Act 2007. CJCA 2015, Pt 4 sets out new provisions concerning the financing of judicial review proceedings. CJCA 2015, s 85 introduces a new requirement for judicial review applicants to provide information to the court concerning the financing of the application, including: • information about the financial resources available to the applicant to meet liability arising in connection with the application • where the applicant is a corporate body and cannot show that it is likely to have the financial resources available, information about its members and their ability to provide financial support for the application CJCA 2015, s 86 requires the court to have regard to information

There are several conditions that must be met in order for the sale of a business to constitute a transfer of a going concern (TOGC), and therefore be outside the scope of Value Added Tax (VAT). These conditions are set out in Practice Note: VAT—what is a

There are several ways by which an easement can be implied a conveyance or transfer by the common law or statute: • (1) necessity • (2) intended use • (3) the rule in Wheeldon v Burrows, and • (4) section 62 of the Law of Property Act 1925 (LPA 1925) (technically, LPA 1925, s 62 can be characterised as operating by express grant) For more information, see Practice Notes: Implied easements—common law and Easements—LPA 1925, s 62 and permissions. Further, it will be appreciated that under the different rules which apply to the acquisition of easements by long use prescription (see Practice Note: Acquisition of easements by long use) there must be: • ‘continuous’ enjoyment of the easement for a period of at least 20 years (continuous enjoyment meaning more than occasional user and without excessive intervals), and • where a claim is based on the Prescription Act 1832, that enjoyment must be occurring up to the date on which the relevant

A company that qualifies for the small companies regime will be subject to less onerous accounting, reporting and audit obligations than a larger company or a quoted company. For information on qualifying as a small company see Practice Note: The small companies regime. The micro-entity regime is effectively a sub-set of the small companies regime. To qualify, the entity must satisfy lower size thresholds For information on how to qualify as a micro-entity see Practice Note: The micro-entities regime. See also Q&A: What are the maximum size thresholds for micro, small and medium-sized companies in relation to the accounts and reports regulations?. Accounting requirements compared Small companies In summary, the advantages of qualifying as a small company in terms of a reduced accounting and reporting burden include the following: • the company may prepare an abridged balance sheet and/or an abridged profit and loss account instead of full accounts, provided that all members consent • the abridged balance sheet may benefit from combined line items

Whether an app provider which purports to act as an introducer is deemed to be a party to the contract formed between the supplier and purchaser of goods will depend upon the specific circumstances and the drafting