This flowchart sets out the steps to be taken under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) or Schedule 7 to the Civil Partnership Act 2004 (CPA 2004) in applications for permission for financial relief in England and Wales following an overseas divorce or dissolution of civil partnership. It considers the application requirements, procedural steps and requirements for permission (leave). To access detailed practical guidance on the steps in the flowchart including relevant overviews,

This flowchart sets out the steps to be taken under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) or Schedule 7 to the Civil Partnership Act 2004 (CPA 2004) in applications for financial relief in England and Wales following an overseas divorce or dissolution of civil partnership once permission has been granted. To access detailed practical guidance on the steps in the flowchart

It is not uncommon that a minor, ie a person aged under 18 years (previously referred to as an infant), will be entitled to the estate of a deceased individual. However, that same minor is prohibited from taking a grant to the estate of the deceased during their minority, eg if they are also appointed as an executor or are entitled in the order of priority to a grant of letters of administration on intestacy or a grant of letters of administration with Will annexed. Therefore, depending on the circumstances another person must take a grant for the period until the minor attains 18 years. What is ‘minority’ The age of majority was reduced from 21 to 18 years by the Family Law Reform Act 1969 and that reduction applies to any deed, Will or other instrument (except a statutory provision) made on or after 1 January 1970. In the case of an intestacy where the intestate dies after 1 January 1970 and the statutory trusts arise, the age of 18 years is the age of majority.

Construction analysis: The case concerned an application for an interim injunction which was being sought before any legal proceedings had been commenced. Monty & Payter LLP (‘M&P’) had instructed a building contractor, MWA Projects Ltd (‘MWA’) to undertake building works at a site in West London. Until May 2023, MWA had allowed the building contractor from M&P (a Mr Tim Jackson) to access the site whenever he wished, including outside working hours. In May 2023, MWA informed Mr Jackson that he would only be allowed to access the site during working hours or otherwise if accompanied by someone from MWA. Mr Jackson applied to the High Court for an injunction preventing MWA from changing the rules on access to the site in the way that it had done. The High Court refused the application for an injunction, finding that the test for an interim injunction was not satisfied. Written by Alexander Campbell, barrister at Cornerstone barristers.

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Brexit This Practice Note makes several references to the European Convention on Human Rights (ECHR), incorporated into UK law by the Human Rights Act 1998 (HRA 1998). Brexit has had no automatic impact on either HRA 1998 or the incorporation of the ECHR provided for by HRA 1998. The ECHR is an international treaty that protects the human rights of people in countries that belong to the Council of Europe, which is an entirely separate body from the EU. The UK continues to be a member of the Council of Europe. Note that the EU-UK Trade and Cooperation Agreement provides that the deal does not alter the UK’s obligations under the ECHR and that the deal can be terminated in the event of either side denouncing the ECHR. For more information, see: • Q&A: What does Brexit mean for the Human Rights Act 1998? • LNB News 07/01/2021 77: Comment—EU-UK Trade and Cooperation

Correct jurisdiction and parties The court's jurisdiction Section 17 of the Company Directors Disqualification Act 1986 (CDDA 1986) states: 'Where a person is subject to a disqualification order made by a court having jurisdiction to wind up companies, any application for permission for the purposes of section 1(1)(a) shall be made to that court.' See also new Practice Direction: Directors Disqualification Proceedings [2014] para 17. Where: • a person is subject to a disqualification order made under CDDA 1986, s 2 by a court other than a court having jurisdiction to wind up companies or • a person is subject to a disqualification order made under CDDA 1986, s 5 any application for permission for the purposes of CDDA 1986, s 1(1)(a) shall be made to any court which, when the order was made, had jurisdiction to wind up the company (or, if there is more than one such company, any of the companies) to which the

Applications for leave to act as a director, and the possible conditions attached to leave Once a director is disqualified under CDDA 1986, he may apply to the court for permission to act as a director of a specific company or companies. Whether leave is granted is entirely within the discretion of the court. The court will look to the Secretary of State (SoS) for guidance, but ultimately the decision rests with the court. Of paramount consideration when agreeing to grant leave, is the need to protect the public to prevent misconduct from occurring in the future. The court must consider the risk to the public, and balance this against the need for the director to remain as a director of a particular company or companies. For a full discussion on what factors the court will consider when applying its discretion, see Practice Note: Applications for leave to act as a director, under section 17 of the Company

This practice note discusses the ability for a disqualified director to apply for permission to act as a director despite disqualification, using s 17 of the Company Directors Disqualification Act 1986 (CDDA 1986). It looks at some general background to the law in this area, and then specifically what factors may be taken into account by the court when deciding whether to allow leave or not. For details on the procedure to apply for leave, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure. For details on the conditions that the court might impose in allowing leave, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—possible conditions attached to leave. A director can be disqualified under a number of different statutory provisions. For the purposes of these notes

When a grant of letters of administration with Will annexed will be made A grant of letters of administration with Will annexed is made where a Will is proved by any person other than an executor. Clearly this requires the testator to have left a valid Will and to not have died fully intestate. There are specific circumstances in which a grant of letters of administration with Will annexed will be made, including where: • no executor has been appointed in the Will • all or the sole appointed executor has died in the lifetime of the testator or has survived the testator but has died without proving the Will—often seen in circumstances where spouses appoint each other and make no provision for a substitute executor • all or the sole appointed executor has renounced probate or has been cited to accept or refuse probate but has not appeared to the citation • the executor appointment is void for uncertainty • where the court exercises its discretion under section 116 of the Senior

Where an executor is not able to take out a grant of probate to the testator’s Will, there is a strict order of priority of others who can do this by way of a grant of letters of administration (with Will annexed). See Practice Note: Applications for letters of administration with Will annexed. After an executor, the next persons in the order of priority under NCPR 1987, r 20 would be those who have an interest in the residuary estate. Determining whether a gift of residue has been left is sometimes unclear, particularly where the Will is not professionally drawn. It is therefore necessary to examine what constitutes a gift of residue. Is there a residuary gift? In general a specific disposition of the residue is usually seen in a Will. There are some obvious clues in the wording that may be used and it is generally accepted that there are many words that are capable of denoting the whole or residue of the real and personal property of the testator,

Restructuring & Insolvency analysis: The court dismissed an application made by the claimant under section 17 of the Company Directors Disqualification Act 1986 (CDDA 1986) for permission to act as a director of 15 companies (the companies) and an application under section 216 of the Insolvency Act 1986 (IA 1986). The claimant had given an undertaking of ten-and-a-half years in respect of his conduct as a director of four companies. The admitted grounds of unfitness related to the claimant causing the companies to obtain government-backed bounce back loans contrary to the scheme. The court initially granted interim permission with conditions, including that the claimant would procure timely payment of the companies’ tax liabilities. This condition was breached prior to the final hearing. In refusing relief, the court closely scrutinised the companies’ tax positions, noting that the structure of the companies as a group potentially left HMRC extremely exposed. Significant factors considered by the court include the breach of the interim order and the claimant’s conduct in the proceedings, which involved providing affidavits which contained material inaccuracies and deliberately concealing the companies’ history of non-payment and late payment of taxes. Written by Lisa Feng, barrister at Exchange Chambers.

This flowchart sets out applications for permission (leave) to appeal in family proceedings. To access detailed practical guidance on the steps in the flowchart including relevant overviews, Practice Notes, precedents, procedural guides, client guides, legislation, forms and further reading links, see: Appeals and judicial review—overview