The landlord may require access to the property for the purposes of carrying out a valuation under section 44 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Access arrangements should be sought at the same time as the request for the statutory deposit and deduction of title. The right can be exercised by the landlord on the provision of at least three days written notice to the tenant of the intention to inspect. The right may be exercised more than once. There is no express

For the purposes of this Q&A it is assumed that the claim remains under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol). Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) The aims of the Protocol under para 3.1 is to ensure that: ‘(1) the defendant pays damages and costs using the process set out in the Protocol without the need for the claimant to start proceedings; (2) damages are paid within a reasonable time; and (3) the claimant's legal representative receives the fixed costs at each appropriate stage.’ The aims do not therefore include scenarios where a defendant may recover costs. Para 7.44 of

This Q&A states the position as at 6 June 2019. Defective Part 36 offers CPR 36 is a ‘self-contained procedural code’. An offer made in accordance with the provisions of CPR 36 will have prescribed consequences depending on whether and when it is accepted or, if it is not accepted, depending on the outcome at trial. If the offer does not conform to the mandatory requirements of CPR 36.5, then even if the offer purports to be made pursuant to Part 36, the prescribed consequences will not apply. An offer expressed to be a Part 36 offer should be construed as far as reasonably possible so as to comply with the requirements: see C v D. However, that does not mean that if there really is an inconsistency it can be glossed over. In James v James,

A Part 36 offer is made when it is served on the offeree. Where there is a legal representative acting for the offeree, the Part 36 offer must be served on that legal representative. The rules concerning service of a Part 36 offer are those contained in CPR 6. The relevant rules for service of a Part 36 offer are set out in Section III of Part 6. For further information on service of Part 36 offers generally, see Practice Note: Part 36 offers—service of offer, notice of acceptance, variation or withdrawal. A document may be served by using electronic communication, and this includes by email. However, it is important to be aware that when using this method of service, the guidance set out in CPR PD 6A, para 4.1 will need to be complied with. This requires that: • the offeree's solicitor has already indicated in writing to

From 1 October 2023 the Fixed Recoverable Cost (FRC) regime was introduced in respect of most civil claims with a value of up to £100,000. This has entailed a wholesale re-write of CPR 45 as well as changes to CPR 26, CPR 28 and CPR 36. The Fast Track remains for cases up to £25,000 and above the relevant small claims limit, and the new Intermediate Track was introduced for cases above the Fast Track limit up to £100,000, though there is a discretion to allocate cases worth less than £100,000 to the Multi-Track instead of the Intermediate Track. Section VII of CPR 45 governs fixed costs in the Intermediate Track. By CPR 45.49(1), it applies to the costs

You may wish to consider separately: • the implied term • the fairness of a dismissal which prejudices Permanent Health Insurance (PHI) rights, under the statutory law on unfair dismissal Where an employee's entitlement to benefit under the employer's PHI scheme is dependent upon the continuance of the employment relationship, it has been held (by the High Court) that a term should be implied into the contract of employment to the effect that the employer will not terminate the contract

In the absence of any specific restriction in the deputyship order relating to the sale or purchase of land by the deputy, the general authority described would normally include the power to buy and sell property on behalf of the protected person (P). While, as you say, it is now more common for deputyship orders to make specific reference to the buying and selling of property, providing the 2008 order is still valid, the general authority granted in this order would still apply to

Section 1 of the Rent Act 1977 (RA 1977) provides: ‘Subject to this Part of this Act, a tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act. Any reference in this Act to a protected tenant shall be construed accordingly.’ RA 1977, s 2(1) then states: ‘Subject to this Part of this Act—(a) after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house

Under paragraph 90 of Schedule 2 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), once a plan termination notice has been issued in relation to a share incentive plan (SIP), with a copy given without delay to all of the individuals listed in in paragraph 89(2), a three month period starts to run in accordance with paragraph 90(4). Paragraph 90(3) has the effect that the trustee must normally remove each of the SIP plan shares as soon as practicable after the end of this period. However, if such removal will trigger an income tax charge on the participant under ITEPA 2003, ss 501–507 in

The provisions of the Administration of Estates Act 1971 (AEA 1971) apply to all three jurisdictions of the UK: England and Wales, Scotland and Northern Ireland. For probate purposes, AEA 1971 provides that only one grant of probate is necessary, ie if the deceased dies in one jurisdiction

A requirement of an application for permission to enter or stay as a Skilled Worker is that 'any…Immigration Health Charge must have been paid' (SW 1.2. (a), Appendix Skilled Worker, Immigration Rules). The government website sets out the circumstances in which refunds will be paid. You will get a full immigration health surcharge (IHS) refund if: • you paid twice • your visa application is refused • you withdraw your visa application You will get a partial IHS refund if your visa application’s successful but: • you get less time on your visa than you asked for • any dependants on your visa application are refused If you are due a full or partial refund for these reasons, you do not have to do anything to get it. It is supposed to be

The Immigration Rules, Part 9, para 9.20.1 provides that a person’s permission to enter or stay may be cancelled where there has been such a change in the circumstances of that person's case since the permission was given, that it should be cancelled. Where a migrant holds a biometric immigration document (which includes a Biometric Residence Permit, or an eVisa), they are required to report to the Home Office where they know or suspect that owing to a change of circumstances, they no longer qualify for permission under their current immigration category. Where a main applicant has permission as a Skilled Worker and successfully applies for an extension of stay (via a change of employment application), they would continue