A non-EEA national can obtain entry clearance for a period of up to six months, in order for them to reside in the UK at the home of a British citizen employer and provide cleaning/personal care, but only if certain requirements are met. The proposed domestic worker must meet the requirements for entry clearance as set out in paragraph 159A of Part 5 of the Immigration Rules, although they may be permitted to submit an in-country application on form FLR(IR) if they already hold leave as a domestic worker. Furthermore, an in-country application can only be pursued to enable the domestic worker to reside in the UK for a maximum period of 6 months; since 6 April 2012, domestic workers seeking to travel to the UK under this category of the Immigration Rules can only reside in the UK for a maximum

In making a declaration to insurers, the individual should look at the words of the question being asked, which may specify whether insurers seek information on spent and unspent CCJs. However, typically insurers will also ask for all material facts that will influence whether to accept a particular risk. For the purposes of making a declaration to insurers, the duty differs slightly whether the individual is a consumer or non-consumer. If the individual is signing a declaration

We have assumed that the party wishes to change the value of the claim both in the claim form and particulars of claim. Does an additional court fee have to be paid? Schedule 1 to the Civil Proceedings Fees Order 2008, SI 2008/1053 provides: ‘Where the claim or counterclaim is amended, and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document must pay the difference’. For more information, see: • Practice Note: Court fees

As the question indicates, a charging order over land may be enforced by an order for sale. See generally, Practice Note: Order for sale—how to enforce a charging order. A sample order is set out at CPR PD 73, Appendix A, although the form is not prescribed, and the court may adapt it (CPR

The changes to the consumer credit framework The position with secured lending has been significantly complicated by the UK’s implementation of Directive 2014/17/EU, the EU Mortgage Credit Directive (MCD), on 21 March 2016. Before the MCD was implemented, the UK broadly had two regimes: a regulated mortgage contract regime and a regulated credit agreement regime. The regulated mortgage contract regime was (in broad terms) limited to lending secured on the borrower’s home by a first legal charge. The two regimes were, and are, mutually exclusive. But to implement the MCD, HM Treasury made the Mortgage Credit Directive Order 2015 (MCDO 2015), SI 2015/910, and made changes to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001), SI 2001/544. MCDO 2015, SI 2015/910 effectively transferred the majority of regulated credit agreements secured on land (so long as they fell into the definition

The limitation period for a Data Protection Act 1998 or misuse of private information compensation claim which includes a claim in respect of psychiatric injury is three years. The answer to this question is derived directly from the terms of section 11(1) of the Limitation Act 1980 (LA 1980), which provides as follows: ‘This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence,

Freedom of Information Act 2000 Under the Freedom of Information Act 2000 (FIA 2000), any information, recorded in any form or at any time prior to the request being made, which is held by the receiving authority, can be requested by an applicant. The right to request access to information held by an authority is commonly referred to as the ‘right to know’. The right is comprised of two parts―the right to be informed whether information requested is held by the authority, and the right to have that information disclosed. While the regime provides this general right to request access to the information, it also contains a number of exemptions which, if applicable, will

We refer you to Practice Note: Retirement schemes for executives—UURBS, FURBS and EFRBS. As mentioned in that Practice Note, Funded Unapproved Retirement Benefits Scheme which became funded Employer-Financed Retirement Benefits Scheme (EFRBS) on A-day continued to enjoy certain tax advantages following A-day. This includes, among other things, the fact that payments of benefits out of an EFRBS are not subject to National Insurance

This Q&A considers the position in relation to: • the duty to ensure employees’ health and safety at work • fit notes, including where the employer disbelieves what a fit note says • whether to obtain a medical report on the employee’s fitness for work • the right to pay, in circumstances where the employee is ready and willing to work • other considerations that may be relevant where an employee is presenting as fit for work, but the employer does not believe that they are Health and safety at work An employer has a duty under section 2 of the Health and Safety at Work etc Act 1974 to ensure the health and safety at work of all its employees. See Practice Note: Health and safety—overview. Depending on the circumstances, including the basis for the employer’s belief that the employee is

The eligibility criteria for applications for endorsement in the science, engineering, humanities and medicine disciplines under the standard ‘full peer review’ criteria of the Global Talent route are set out in the Immigration Rules, Appendix Global Talent, paras GTE 8.1, GTE 8.8–GTE 8.10 (as supplemented by the Home Office’s relevant Global Talent caseworker guidance). Information specific to endorsement by peer review can also be found on the dedicated GOV.UK webpage. Each of the endorsing bodies provide specific guidance on peer review applications on their websites, and these are in similar terms (Royal Society, The British Academy and Royal Academy of Engineering). As

In responding to this query, we have assumed that the claim had not been brought prior to death. Where the deceased had made a claim, see the following Q&A: Do damages, received after the date of death in respect of a litigation action to which the deceased was a party, form part of the estate within the meaning of section 5 of the Inheritance Tax Act 1984? Inheritance Tax and Application for a Grant The person seeking a Grant of Letters of Administration when a deceased has died intestate will need to take the following steps: • valuation of the deceased assets as at the date of death. Under section 5 of the Inheritance Tax Act 1984 (IHTA 1984) a person’s

Section 26 two month period The Landlord and Tenant Act 1954 (LTA 1954) conferred security of tenure business tenants. That security arises from the effect of LTA 1954, s 24(1) which states that a tenancy 'shall not come to an end unless terminated in accordance with the provisions of this Part of this Act'. LTA 1954 therefore provides machinery for the landlord to serve a statutory notice determining the current tenancy (LTA 1954, s 25) or for the tenant to request a new tenancy from the landlord (LTA 1954, s 26). In either of those cases, the tenant may then apply to the court (LTA