Process The correct process to follow in this situation is to issue a County Court money claim (CCMC). A CCMC is any claim which is started in the County Court under CPR 7, is a claim for money, whether for a specified or an unspecified amount, and is not a claim for which special procedures apply (CPR PD 7A, para 4A.1). Procedure Form N1 will need to be completed and be sent to the County Court Money Claims Centre, PO Box 527, Salford M5 0BY (CPR PD 7A, para 4A.1). See Form

An Agricultural Holdings Act 1986 (AHA 1986) tenancy (AHA tenancy) relates, as the name suggests, to a tenancy of an agricultural holding. An AHA tenancy provides, amongst other things, significant safeguards as to security of tenure and succession rights. The rights and obligations of the landlord and the tenant with respect to the let will be set out in the written tenancy agreement forming the AHA tenancy, supplemented, where necessary, by the model clauses set out in regulations promulgated from time to time. The current regulations are the Agriculture (Model Clauses Fixed Equipment) (England) Regulations 2015, SI 2015/950,

On dissolution, all property and rights vested in, or held on trust for the company, immediately before dissolution are deemed to be bona vacantia and vest in the Crown (or in the Duchy of Lancaster or Duke of Cornwall if the company’s registered office was in Lancaster or Cornwall respectively). This includes leasehold property, but not property held by the company on trust for any other person (section 1012(1) of the Companies Act 2006 (CA 2006)). Accordingly, the Oldco's lease will have vested in the Crown. One course of action therefore to consider would be to approach the Treasury Solicitor to assign the lease to Newco. Note however, that the Crown is not obliged to deal with property vested in it as bona vacantia in any particular way. It has power to disclaim it and, in respect of onerous property, will usually do so. It has three years from the date of

There are a number of conditions that must be met in order for a settlement agreement to provide an effective exception to the contracting out provisions and have the effect of settling statutory claims: • the agreement must be in writing • it must relate to the particular proceedings • the employee or worker must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, as to its effect on his ability to pursue his rights before a tribunal • there must be in force, at the time the adviser gives that advice, relevant insurance covering

The statutory trust is created by section 47 of the Administration of Estates Act 1925 so a separate trust deed is not needed to create the trust. The personal representatives (PRs) hold the estate on trust with the power to sell it. The estate can be apportioned as the PRs see fit provided they comply with the intestacy rules in distributing the estate. A statutory trust that

Covenants restricting the use of land imposed by a seller may be divided into three classes: • covenants imposed for the seller’s own benefit—personal to the seller and only enforceable by them, unless expressly assigned (eg in Cosmichome v Southampton City Council a covenant which required property to be solely occupied by the buyer for a specified purpose, and subject to removal in return for overage payment, was not intended to protect or benefit the seller’s land) • covenants imposed as owner of other land, of which the land sold formed a part, and intended to protect or benefit the unsold land—these ‘run’ with the land and are enforceable without express assignment by the owner for the time being of the land for the benefit of which they were imposed • covenants on a sale of land to various buyers who, with their respective successors in title, are intended mutually to enjoy the benefit of, and

A winding-up petition should be presented, or issued, at the appropriate court. This can be by post if necessary but personal attendance avoids delays should any of the procedural requirements not be met. There will be a petition fee

A school in the maintained school sector can convert to independent academy status under the Academies Act 2010 (AcA 2010). Conversion arises once a conversion order is made by the Secretary of State for Education. For conversion to be achieved, the site of the school must be transferred

Paragraph 9 of Schedule 17A to the Finance Act 2003 (FA 2003) sets out how rent is to be calculated for SDLT purposes in circumstances where the term of two leases overlap and certain other conditions are satisfied. For more on when overlap relief applies see the section on overlap relief in Practice Note: SDLT—general reliefs and exemptions. For detail on how to calculate the SDLT due when overlap relief is available, see Q&A: How do you calculate the amount of stamp duty land tax overlap relief on the surrender and regrant of

The new Electronic Communications Code (the Code) set out in Schedule 3A to the Communications Act 2003 (CA 2003) was brought into force on 28 December 2017 under the auspices of the Digital Economy Act 2017 (DEA 2017). The purpose of the new Code is to regulate the relationships between landowners and those network operators that site equipment on their land. The new Code gives significant powers (Code Rights) to such providers. These rights include the right to install electronic communications apparatus on, under or over land, to keep that apparatus on land, to inspect and maintain it, to carry out works on the land in connection with the installation of equipment, to enter the land to inspect

An annualised hours contract is one in which the employee does not have any set daily or weekly working hours but is required to work not less than a fixed number of hours in each calendar, or financial year. When the contract of an employee on annualised hours is to be terminated the following should be considered: • whether, if the target hours has been exceeded, the employee will have been paid at, or above, the minimum wage on average for time worked over a pay reference period • what provision is made in the employment contract to deal with overpayment or underpayment For information on the national minimum wage, see: • Practice Note: National minimum wage • Minimum wage calculation checklist [Archived] • Minimum wage compliance checklist Where

Arbitration analysis: The Singapore Court of Appeal has held that a Swiss court’s decision on the validity of a Geneva-seated award gave rise to transnational issue estoppel, precluding India from raising the same jurisdictional objections during enforcement proceedings that had been rejected by the Swiss court. This is the first Singapore decision applying this principle to international arbitration and it will prevent re-litigation of issues considered by seat courts during enforcement, saving time and costs. Aashna Agarwal, associate at Allen & Overy, addresses the long running Antrix-Devas Saga, Singapore proceedings, transnational issue estoppel and the ‘primacy principle’.