It is open to the parties to vary the terms of a demised lease by entering into a deed of variation. A deed of variation is an agreement made by deed that amends the terms of a lease without replacing it, and so will often be described as being supplemental to that lease, in an attempt to ensure that the original lease remains in force, save as varied by the deed of variation. It

The Practice Note: Will drafting—applying the EU Succession Regulation explains that EU Regulation No 650/2012 applies in all EU states except the UK, the Republic of Ireland and Denmark, in relation to deaths on or after 17 August 2015. Despite the UK not being bound by it, it is relevant to the Will of any UK national who owns property in any EU Member State which is subject to the Regulation, and who is hoping to survive until 17 August 2015, because it enables a choice of succession law provided that the person making the choice is a national of, or habitually resident in (at the time of making the Will, or at his or her death), the EU Member State whose law is chosen, unless the

The Conduct Of Business Sourcebook (COBS) 1.1.1 Rule states that COBS applies to a firm with respect to designated investment

What is privilege? In English law, special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and their clients. This is on the basis that there exists, at the centre of that relationship, an obligation of confidence which the legal adviser owes his client, either in respect of confidential communications passed between them, or in relation to documents which may later form part of that party’s ‘brief’ in adversarial litigation. This special protection, enabling a client to retain confidentiality in relation to certain communications, tends to be known as 'legal professional privilege' (LPP) and is a central principle for the administration of justice. For more information on the general principles concerning privilege, see Practice Note: Privilege—general principles. Can privilege be lost? The general rule is that, once a document is privileged, it will always be privileged—see Practice Note: Privilege—general principles and in particular the section: How long does privilege last? However, there are certain situations in which a party

We refer you to the following which you may find useful for your purposes: • Part 8 claim form for removal of an executor or substitution of a personal representative: Atkin's Court Forms [144] • Witness statement in support of claim for removal of executor: Atkin's Court Forms [145] One of several executors subsequently lacks capacity to manage their affairs When two executors prove a Will, but one subsequently lacks capacity to manage their affairs within the meaning of the Mental Capacity Act 2005 (MCA 2005) probate is revoked and a new grant made to the capable executor, power being reserved to the executor who lacks capacity of taking probate again on recovering their capacity (Re Sowerby's Goods (1891) 65 LT 764 (not reported by LexisNexis®®); Re Shaw's Estate). One of several administrators (with or without Will) subsequently lacks capacity to manage

This response deals solely with deprivation of capital in the context of means testing of benefits that may be available in the event that an individual is required to go into care accommodation. There are few opportunities to avoid a local authority raising the issue of deprivation of capital if they are aware of a gratuitous parting with an asset. The Department of Health, Social Services and Public Safety: Charging

Party wall disputes—overview contains various Precedent notices that may assist. In particular, see

The Commercial Court Guide deals in Appendix 9 with the requirements for service out of the jurisdiction. Service out of the jurisdiction without the permission of the court is limited following 31 December 2020 to those cases which fall within rules CPR 6.32 or CPR 6.33. Where the claimant intends to serve a claim form on a defendant under either of those provisions, the claimant must by CPR 6.34 file with the claim form a notice containing a statement of grounds on which the claimant is entitled to serve the claim form out of the jurisdiction, which must be served

Consequence The old provisions in rule 44.3B provide that success fees or insurance premiums are not recoverable if a party has failed to comply with a requirement in the Costs Practice Direction. The Costs Practice Direction comprised the practice directions associated with Parts 43 to 48. Practice Direction 44.19(3) provided that the notice of funding must be served. Consequently a failure to do so means that

Unfortunately there is no clear answer to this question. It is the intention of the UK government that their current negotiations with the EU Commission will result in a new agreement replacing all of the arrangements under which companies and individuals undertake economic activity across national borders within the EU, including in insurance markets. However, the negotiations have not yet moved on to discuss the specifics of those new arrangements. The new form for civil judicial cooperation—covering rules on which country’s courts have jurisdiction in particular disputes, and whether judgments can be recognised and enforced cross-border—is one of the most important issues for

HM Land Registry addresses this issue in section 10.2 of Practice Guide 62: easements. That Practice Guide provides: ‘Where there is a clause in a transfer reading: The

The claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) has been issued more than 6 months after the grant of representation was first taken out, and therefore after the time limit in I(PFD)A 1975, s 4 has expired. The claim form should therefore have included an application for an extension of time under I(PFD)A 1975, s 4. (Although extension of time is in the gift of the