Arbitration analysis: Alvin Yeo, Chairman of Singapore’s Wong Partnership and partner, Swee Yen Koh, discuss the case of Sanum Investments Limited v The Government of Lao People’s Democratic Republic in which the Singapore Court of Appeal found that the bilateral investment treaty (BIT) between the People’s Republic of China (PRC) and the Lao People’s Democratic Republic (Laos) (PRC-Laos BIT) applied to Macau and that an arbitral tribunal had subject-matter jurisdiction over the claimant’s expropriation claims.

Dispute Resolution analysis: This decision concerned applications for summary judgment and strike out. It provides an example of how the courts apply the ‘no real prospect of success’ test in relation to an application for summary judgment pursuant to CPR 24.2(a). Moreover, the case is particularly interesting in its consideration of an application to strike out under CPR 3.4(2)(b) and its discussion of the guidelines set down in Aldi Stores Ltd v WSP Group Plc relating to abuse of process. Written by Christopher Humby, senior associate, at Quinn Emanuel Urquhart & Sullivan LLP.

Private Client analysis: James Egan and Richard Dew, barristers at Ten Old Square Chambers, who acted for the claimant, analyse the decision of Knight v Knight, a case that illustrates the application of the ‘range of factors’ approach to illegality in trusts disputes. The case marks a departure from the previously applied ‘reliance test’, and this new approach arguably allows for courts to make more nuanced decisions.

ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. This Practice Note looks at: • the pros and cons of making an application for a derivative residence card on the basis of the Zambrano principle • the procedure

ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. This Practice Note sets out the procedure for confirming the acquisition of permanent residence under the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052. For details on the conditions

In certain cases, a bankrupt’s automatic discharge from bankruptcy is suspended by an order of the court. This Practice Note sets out briefly how the bankrupt can apply to court to lift that suspension by discharging the suspension order, the process involved, and the factors that the court will take into account when considering such an application. This Practice Note does not cover the making of an application to court to suspend a bankrupt’s automatic discharge from bankruptcy, an appeal from an order to suspend a bankrupt’s discharge, or an application for discharge by a bankrupt subject to a criminal bankruptcy order. Any application to lift the suspension from discharge should first of all be put into context by looking at the effect and consequences that being undischarged means to a bankrupt, and why a bankrupt may want to make such an application at all. What are the restrictions on an undischarged bankrupt? A bankrupt is automatically discharged from bankruptcy at the end of one year beginning with the date

Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do not fulfil automatic registration criteria but who have lived in the UK for specified periods to apply to become a British citizen. A person who becomes a British citizen through naturalisation is considered a British citizen otherwise than by descent. The current legal framework governing the criteria under which an application for naturalisation can be made is set out in the British Nationality Act 1981 (BNA 1981). BNA 1981, s 6 and Sch 1 set out a series of requirements, some of which are compulsory and others of which are subject to an exercise of discretion on the part of the Secretary of State for the Home Department (SSHD) to disregard. The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is in Crown service overseas

This Practice Note outlines the key procedural requirements for applications to naturalise as a British citizen, as well as options for challenging refusals. For information on eligibility requirements, see Practice Note: Applying to naturalise as a British citizen: eligibility. It does not cover the procedure for naturalisation applications made under the Windrush Scheme. For further information, see Practice Note: The Windrush Scheme. Online or paper application form In order to apply for naturalisation as a British citizen, the online or paper form AN must be completed. Since biometric enrolment at Post Office branches for paper form applicants was discontinued (and all applicants have to get an appointment at a UKVCAS TLScontact facility) most applicants will now find it easier to use the online form. Also, in-country online applicants are not required to send in supporting documents, if relevant; instead they will upload copies. However, the hard copy application process may still be relevant for some applicants, eg if they do not have IT access or want

Dispute Resolution analysis: This decision has highlighted, without comprehensively resolving, a schism which has arisen in the authorities about whether the Denton principles are relevant to an application under CPR 13 to set aside a default judgment. This judgment expresses the view that the principles are not applicable, however, until the question is subject to a binding decision of the Court of Appeal, the debate is likely to continue. Written by Phillip Patterson, barrister, Gatehouse Chambers.

NOTE: with effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) were renamed as the Civil National Business Centre (CNBC)—see: LNB News 14/08/2023 12—CCMCC issues name and performance update. This Practice Note considers how to apply to vary or discharge a charging order pursuant to CPR 73.10B. Can you apply to discharge or vary a final charging order? Section 3(5) of the Charging Order Act 1979 (COA 1979) provides that: 'The court by which a charging order was made may at any time, on the application of the debtor or of any person interested in any property to which the order relates, make an order discharging or varying the charging order.' The procedure for applying to discharge or vary a charging order is in CPR 73.10B. Parr v Tiuta International is an example of this occurring where the figure for which an interest in property was charged was incorrectly stated because of a mistake over the accrual of contractual

UK Expansion Worker is a Global Business Mobility route is for senior managers or specialist employees who are being temporarily assigned to the UK to set up a branch or wholly-owned subsidiary of an overseas business. This route replaced the Sole Representative provisions in the Representative of an Overseas Business route for initial applications from 11 April 2022. The Practice Note: Sponsoring a UK Expansion Worker looks at the eligibility aspects which relate to the issue of a Certificate of Sponsorship (CoS) by the sponsor, including the skill level, salary and the requirement for the applicant to be employed overseas for a minimum period. It also looks at the background to the route, and alternative options. This Practice Note examines the following aspects of the application which relate to the applicant: • eligibility, including the financial, validity and suitability requirements • period and conditions of permission, including the maximum length of assignment requirement • dependants, and • application procedure There is no English-language requirement in this route. Key resources at a glance Resource type Link Immigration

The Creative Worker route permits applicants in the creative sector to work or perform in the UK on a temporary basis. The applicant must be sponsored by an sponsor approved by the Home Office for this specific route. A list of Home-Office approved sponsors is maintained on GOV.UK. Permission to enter (under the ‘Creative Worker concession’), electronic travel authorisation (where relevant), entry clearance and permission to stay applications can only be made once the migrant has been assigned a Certificate of Sponsorship (CoS) by their sponsor. However, these issues should be considered from the outset by both the sponsor and worker. For further information, see Practice Note: Sponsoring a Creative Worker. Prior to 1 December 2020, under the pre-Brexit Points-Based System, creative workers and sportspersons coming for a temporary period were covered in the Tier 5 (Creative and Sporting) category. From 1 December 2020 to 11 October 2021, this route was put into simplified format and termed T5 Creative or Sporting Worker. From