The answer to this query may be found in Schedule 1 to the Civil Proceedings Fees (Amendment) Order 2014 (SI 2014/874), the relevant part of which provides: 2 General Fees (High Court and County Court) 2.1 On the claimant filing a pre-trial check list (listing questionnaire); or where the court fixes the trial date or trial week without the need for a pre-trial check

The grant of a legal charge over registered land is a registrable disposition section 27(2)(f) of the Land Registration Act 2002 (LRA 2002)) and will not take effect at law until the registration requirements are met. The registration requirements for a legal charge

There are two options available where security which is required to be registered at Companies House has not been registered on time. The creditor could re-take the security or apply to court to extend the period for registration. For further information, see: • Practice Note: Problems with registering security at Companies House—what to do next, in particular the section ‘What to do if a charge is not registered at Companies House in time’ • Commentary: Companies Registry—the effect of non-registration: Taking Security [7.128]-[7.137] You will see from the Commentary noted above that where the chargor is insolvent, it may refuse to grant the security. If it does grant the new security, there may be grounds for avoidance in a subsequent liquidation or administration

In summary, if a valid charge is registered against the title to a property only by way of a unilateral notice or agreed notice, the notice will be effective to protect the priority of that charge against any subsequently registered dispositions, including later legal and equitable mortgages and charges. The key principle underlying the Land Registration Act 2002 (LRA 2002) is that the register of title provides a complete and accurate record of the state of the title to land at any time. For information on registration of legal mortgages at HM Land Registry, see Practice Note: Perfecting security over land—Registration at HM Land Registry—registered

Section 76(1) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) provides that where a person (X) disposes of an interest in a settlement, the gain arising on that disposal will not be chargeable to capital gains tax (CGT) if the settlement conferred that interest on X or if X (and each of the previous owners of that interest ) acquired the interest for no consideration. If X were to dispose

Unless a charity is an exempt charity (such as a housing association), on the disposition of any of its land, it is necessary for it to comply with the provisions of sections 117–122 of the Charities Act 2011 (CA 2011). CA 2011 is a consolidating legislation and the requirements of those sections have long been an established feature of charities law. The purpose of the provisions is to ensure that such disposition is

This Q&A assumes that: • the reference to a partial appropriation in the question refers to an appropriation of a specified beneficial interest in specific real property within the estate • the intended appropriation of a beneficial interest in the estate property is permitted by any express power of appropriation in the Will, the common law power of appropriation or the statutory power in section 41 of the Administration of Estates Act 1925 • the administration period has not yet ended A charity is exempt from tax on chargeable gains if the proceeds of a disposal

Is a charity a 'trader' for the purposes of consumer protection legislation in the UK? Consumer protection legislation in the UK is focused on the interactions between 'consumers' and 'traders'. There is no unified definition of a 'trader', however the suggested (and most common) starting point is within section 2(2) of the Consumer Rights Act 2015 (CRA 2015): '“Trader” means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.' Paragraph 35 of the explanatory notes to the CRA 2015 clarifies that this definition may apply to not-for-profit organisations, such as a charity, but only in a context in which they are 'trading', for example, if a charity shop sold t-shirts or mugs. The definition of a 'trader' is the same in the Consumer Contracts

It is assumed that the reference to 'public procurement rules and procedures' is a reference to the rules and procedures under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (in particular Part 2). PCR 2015, SI 2015/102 (as amended by the Public Procurement (Amendment etc) (EU Exit) Regulations 2020, SI 2020/1319) apply to ‘contracting authorities’. PCR 2015, SI 2015/102, reg 2(1) defines ‘contracting authorities’ as comprising, inter alia, ‘bodies governed by public law’. They are defined as bodies that have all of the following characteristics: '(a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character (b) they have legal personality, and (c) they have any of the following characteristics:— (i) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law (ii) they are subject to management

Although both are constituent parts of the UK and Northern Ireland, Scottish law is a discrete system separate from that of England and Wales. As they are part of the same Member State, Brussels II bis (Council Regulation (EC) No 2201/2003) does not apply in respect of questions of jurisdiction between the courts. Instead, jurisdiction is determined by the application of the Family Law Act 1986 (FLA 1986). FLA 1986, s 1(1)(a) makes clear that a section 8 order made under the Children Act 1989 is a ‘Part 1 order’ to which the provisions of FLA 1986 apply. FLA 1986, s 2 provides that a court in England and Wales shall not make such an order with respect

It is not usually the case in England and Wales that the parent (or carer) of a child is liable for the consequences of a tort committed by that child. The general presumption of the common law system is that a party is liable only if they have committed the wrong. Therefore, a parent who is complicit in, or who facilitates, or owes a duty to prevent, a tort by their child, may be personally liable. The doctrine of vicarious liability does not apply between child and parent; rather, there will need to be personal negligence by the parent (which may, if a duty has arisen, include in the supervision

It is assumed for the purposes of this answer that the maintenance obligation towards the child ceased when they commenced work at age 16. When the child recommences education at age 18, a parent’s maintenance obligation will resume with the jurisdiction being dependent upon the type of education being undertaken. If the child is undertaking tertiary education ie advanced degree-level education at university or equivalent, the application must be made to the court. The Child Maintenance Service (CMS) will have no jurisdiction in these circumstances. An application may be made by the child, where there is no order in place at