Service of documents, including the claim form, is governed in civil proceedings by CPR 6. CPR 6.7 provides that where a defendant or their solicitor has given notice in writing of the address of a solicitor as the address for service, that address must be used for the service of the claim form. It is not uncommon that in cases where there are a number of defendants but whose position is the same for all of those defendants to be represented by the solicitor. Where notice pursuant to CPR 6.7 has been given, service of all of the defendants will be at the address of the same solicitor. There is no express provision in the CPR relating to the ability

Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the right of a qualifying tenant of a flat to acquire a new lease. The qualifying condition in LRHUDA 1993, s 39(2)(a) is that the tenant has for the last two years been a qualifying tenant of the flat. The right is exercised by the giving of a notice under LRHUDA 1993, s 42. By LRHUDA 1993, s 42(6) where a notice has been given with respect to any flat, no subsequent notice may be given under LRHUDA 1993, s 42 so long as the earlier notice continues in force. By LRHUDA 1993, s 42(7) where

The basic rule is that, where there are two or more trustees, they must act jointly. This rule is a corollary of the rule that trustees cannot delegate their duties—a trustee cannot appoint a co-trustee to perform his duties for him. This rule can be relaxed by the terms of the trust deed or statute. Whether the trust deed in this case allows a majority of trustees to enter into a contract that binds all trustees, including those who did not sign it, will depend on the construction of terms of the trust deed. See

How may a customer list or a database be transferred? There are no general property rights in data. There is an exception, however, where the data is capable of attracting copyright or database right protection. An assignment transfers ownership of copyright or database right from one entity to another, so that the assignor is no longer the owner of it and therefore cannot use that right in the database unless the assignee grants a licence back to the assignor, see Practice Note: Assigning intellectual property rights. For example transfer agreements, see Precedents: • Copyright assignment—pro-assignor • Copyright assignment—pro-assignee • Database assignment—pro-assignor • Database assignment—pro-assignee See also Q&A: Will a retention of title clause be effective in relation to a client or customer list? If the lists/databases contain

The law relating to the registration or re-registration of a birth is outside the scope of Lexis®PSL Family, but the following information may be of assistance: • where the mother marries the natural father after

Many documents entered into by local authorities will need to be executed as a deed. Section 52(1) of the Law of Property Act 1925 (LPA 1925) provides that all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. For further examples, see Practice Note: Deeds. Further, the standing orders of most local authorities will require that for contracts exceeding a certain amount, the local authority must execute the contract by deed. This is ordinarily done by the local authority affixing its seal to the deed, or by such other manner as may be prescribed by its standing orders. Consideration should therefore first be had to the standing orders to determine the manner in which the local authority must ordinarily execute deeds and simple contracts. Where it is not possible for a seal or signature to be affixed to the relevant document, it may be possible to sign remotely. Section

The party wall process derives from the Party Wall etc Act 1996 (PWA 1996). Unfortunately, the PWA 1996 does not contain any enforcement methods and therefore enforcement can only be pursued under the common law. See Practice Note: Party Wall works—notices, disputes and awards. There is little in the way of guidance or authorities in relation to party wall awards and nothing as to their enforcement. A party wall award does not have the status of a judicial judgment or tribunal decision and therefore it is not possible to simply apply to court for permission to enforce the award as if it were a court order. Instead a claim needs to be brought to enforce the award

Deeds must be delivered in order to take effect. Under common law, a deed is delivered when a party makes his intention to be bound clear. See Practice Note: Executing documents—deeds and simple contracts, in particular section: ‘Formalities for deeds’. Also, see Practice Note: Deeds. As stated in Practice

The conduct of a financial dispute resolution appointment (FDR) in financial proceedings is dealt with by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.17. In relation to an adjournment FPR 2010, SI 2010/2955, 9.17(7) provides: ‘The FDR appointment may be adjourned from time to time.’ The FPR 2010, and the accompanying Practice Directions, are otherwise silent as the adjournment of an FDR specifically, although

Where an order for sale has been made pursuant to section 24A of the Matrimonial Causes Act 1973 (MCA 1973), and one party is obstructing sale, an application can be made for directions concerning conduct of the sale. The court has the power to grant the applicant sole conduct of the sale under MCA 1973, s 24A(2), and if the obstructive party is refusing to vacate the property then an order may be made for delivery up of the property pursuant to Family Procedure Rules 2010, SI 2010/2955, 9.24(2). If a purchaser is found, and the obstructive party refuses to sign the necessary documents, then the court has the power to order that party to execute the document. If that fails, the court has the power to order that a

Orders for the transfer of property (property adjustment orders as they are known under sections 24 or 24A of the Matrimonial Causes Act 1973) are orders in personam binding the person subject to the order and not the property itself (unlike a pension sharing order, which is in rem and binds a particular piece of property held by a third party). Accordingly, if the person against whom the order is made is situated in Hong Kong, the order might be enforced against the person directly, for instance by injunction. Maintenance orders made in Hong Kong can be enforced in England and Wales under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972), (which was applied to Hong Kong by the Reciprocal Enforcement of Maintenance Orders (Designation of reciprocating countries)

The Family Court (and the County Court) has always had power to direct that another person (usually a district judge but possibly a partner in the applicant’s solicitor’s firm) execute a transfer/assignment forms on behalf of a defaulting party under section 39(1) of the Senior Courts Act 1981 (SCA 1981). See Practice Note: Enforcing an order for sale, in particular the subsection Enforcing an order for sale—Execution of documents together with commentary: Execution of transfer by person nominated by court: receiver: conveyancing counsel of the court: Rayden & Jackson on Divorce and Family Matters [11.771]–[11.790]. SCA 1981, s 39 provides: ‘(1)