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This response assumes that a request was not made to the Home Office to withdraw the application, nor for the return of passport before leaving the UK. Where an individual makes an in-country application to extend their leave to remain before the expiry of their current leave via the online process, the date the application is considered to have been made is the date of the submission of the online form, not the enrolment of biometrics. When a person with leave to remain in the UK applies in-country to extend their leave, their existing leave (and any conditions attached to it) is automatically extended provided they make a valid application
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A detailed consideration of welfare benefits is outside the scope of Lexis+ Family practical guidance, however, we refer you to
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In accordance with section 29A of the Landlord and Tenant Act 1954 (LTA 1954), following service of an unopposed section 25 notice by the landlord of a commercial lease, either party has until the expiry of the statutory period to make an application to the court to determine the terms of a renewal lease. The end of the statutory period is the date of termination as specified in paragraph 2 of the section 25 notice (or the day before the date for commencement of the new tenancy specified in a Section 26 request). This deadline is of particular importance to the tenant, as a tenant which fails to make an application to the court prior to the expiry of the statutory period loses its right to a renewal lease under LTA 1954 and will be a trespasser. The difficulty
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The right to buy, governed by the Housing Act 1980 and Housing Act 1985 (HA 1985), sets out a statutory procedure whereby certain tenants of local authority housing can exercise the right to buy a leasehold interest of the property of which they are tenants at a discount. The right applies to both flats and houses. The amount of the discount depends upon the period that the tenant has been the secure tenant of the property. The budget on 30 October 2024 introduced numerous significant changes to the Right to Buy regime, which also apply to the Preserved Right to Buy. From 21 November 2024 (the date on which the relevant statutory
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Where an applicant is unable to satisfy the requirements of Immigration Rules, Appendix FM, para R-ILRP for indefinite leave to remain (ILR) as a partner, the decision-maker is directed by UK Visas and Immigration guidance to consider alternative options, as follows: • whether the applicant can meet the requirements of Immigration Rules, Appendix FM, para R-LTRP for further leave to remain as a partner under the five-year partner route • if not, whether the applicant can meet the requirements of Immigration Rules, Appendix FM, para R-LTRP for further leave to remain as a partner under the ten-year partner route on the basis of exceptional circumstances • if not, whether the applicant can meet the requirements
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The Supreme Court is the final court of appeal in the UK for civil cases. It hears cases of the greatest public or constitutional importance affecting the whole population and plays an important role in the development of UK law. It hears appeals on arguable points of law of general public importance from, among others, the civil division of the Court of Appeal and, in some very limited cases, the High Court. The Supreme Court has its own set of rules (Supreme Court Rules 2009, SI 2009/1603) (SCR) and its own set of Practice Directions. These are entirely separate to the Civil Procedure Rules 1998,
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Outline planning permissions and reserved matters conditions Section 92 of the Town and Country Planning Act 1990 (TCPA 1990) provides as follows: ‘(2) Subject to the following provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect— (a) that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission; and (b) that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the
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Registration of an EU judgment is not required under Brussels I (recast), the judgment can be directly enforced by providing a copy of the judgment and a certificate of enforceability from the court of origin to a competent court in another EU Member State (see Practice Note: A comparison between enforcement procedures under Brussels I and Brussels I (recast) [Archived]). For the purposes of this Q&A we have assumed that the judgment was made prior to 10 January 2015 and that Brussels I applies. Registration of foreign judgments under Brussels I is dealt with in the Queen’s Bench Division as set out in CPR PD 74, para 4.1 which provides: Enforcement of foreign judgments pursuant to the Judgments Regulation and registration of other judgments for enforcement 4.1 Enforcement under
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The Commons Act 2006 (CoA 2006) introduced an updated regime for the registration and management of common land and town and village greens. Once CoA 2006 is fully in force it will repeal the previous regime contained in the Commons Registration Act 1965 (CRA 1965). Currently, the only part of CoA 2006 which has been fully implemented in England is Part 1, which applies to the following pioneer areas only: • Devon County Council (but not including Plymouth or Torbay) • Kent
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The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 10.4(2) specifies the time limit for an application to set aside a statutory demand in bankruptcy proceedings. It ‘must be made within 18 days from the date of the service of the statutory demand’. Section 376 of the Insolvency Act 1986 (IA 1986) provides the court with an express power, a discretion unfettered by statute, to extend a time limit 'in relation to a bankruptcy petition', 'either before or after it has expired', 'on such terms, if any, as it thinks fit.' To like effect, IR 2016, SI 2016/1024, Sch 5, para 3 provides that the provisions of CPR 3.1(2)(a) (the court’s general powers of management) apply so as to enable
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The role of an appointee is to deal with the benefits of someone who cannot manage their own affairs due to mental incapacity or severe disability. See: Become an appointee for someone claiming benefits. The monies paid to the appointee must be spent in the mentally incapable person’s best interests. When applying to be an appointee,
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Where an artist commissions artisans (for example, a ceramicist and a metalworker) to do parts of a work for him and then sells the final piece: 1. Are there subsisting copyrights in the works done by each of the artisans (which would need to be transferred to the artist by contract)? Potentially, there are subsisting copyrights in the works done by each of the artisans. The artists and artisans may be ‘joint