If the order was made in excess of jurisdiction then, absent written agreement between the parties, it is likely to be a nullity. Section 90(3) of the Law of Property Act 1925 (LPA 1925) provides that the County Court may make an order under that section ‘where the amount owing in respect of the mortgage or charge at the commencement of proceedings does not exceed £30,000.’ The sum owed may increase over the course of the proceedings. In those circumstances, the order made at the end of the proceedings may exceed £30,000 and still fall within the court’s jurisdiction. However, where, at commencement

The organisation must ensure it obliges with the TPS Assured (Call Centre) Handbook 2016 which says that a call centre must disclose its own organisations’ identity on request. Regulation 24 of the Privacy and Electronic Communications Regulations 2003, SI 2003/2426, states: ‘24 Information to be provided for the purposes of regulations 19, 20 and 21 • (1) Where a public electronic communications service is used for the transmission of a communication for direct marketing purposes the person using, or instigating the use of, the service shall ensure that the following information is provided with that communication— (a) in relation to a communication to which regulations 19 (automated calling systems) and 20 (facsimile machines) apply, the particulars mentioned in paragraph (2)(a) and (b); (b) in relation to a communication to which regulation 21 (telephone calls) applies, the particulars mentioned in paragraph

This Q&A raises the issue of the requirements which must be satisfied for the valid grant of an option to purchase an interest in land. It raises questions of the formal validity and the contractual validity. It is convenient to consider each in turn. As to the question of formal validity, it is helpful first to keep in mind the distinction between the grant of an option and the subsequent exercise of it. There are three distinct stages: the grant of the option (A grants B an option to purchase land), the exercise of it (B informs A in accordance with the terms of the option of the wish to do so) and the giving effect to the exercise of it (A transfers the land to B upon payment of the agreed price). With those three stages in mind, one sees how different requirements as to validity will arise. The grant of an option

The Perpetuities and Accumulations Act 2009 reformed and simplified the law on perpetuities. However, a deed executed pre 2010 falls to comply with the old rules under the Perpetuities and Accumulations Act 1964 (PAA 1964), with the 'wait and see' rule (detailed below) being particularly relevant. Rule against perpetuities—instruments taking effect before 6 April 2010 It is likely that the rule against perpetuities will apply to most overage deeds executed before 6 April 2010. Where the perpetuity period was not defined, the period under the common law rule was the length of a life or lives in being plus 21 years. The lives had to be in being at the time of the disposition

Criminal property is property that constitutes or represents a person’s benefit, in whole or in part, from criminal conduct. The location of the property is irrelevant. Criminal conduct is all conduct that constitutes an offence in any part of the UK. Overseas conduct that is legal in the country where it took place does not amount to criminal conduct under the Proceeds of Crime Act 2002 (POCA 2002), even if it would be a criminal offence in the UK unless that overseas conduct would attract a maximum

This Q&A refers you to Practice Note: UK pensions tax treatment of internationally mobile employees and members. Subject to certain exceptions, the UK tax treatment of pension benefits paid from an overseas pension scheme broadly depends on whether or not the member is a UK resident at the time of payment. If the member is a UK resident at the time of the benefit payment, since 6 April 2017, the

The nature and extent of an easement that is expressly granted will depend on two things: (i) the terms of the grant and (ii) the context in which the grant

In answering this Q&A, it has been assumed that: • the land is not a residential property • the land is registered • the period of possession was for a period subsequent to October 2013 and the 'new rules' apply The following definitions apply: • the owner is 'the registered proprietor' • the third party is 'the squatter' In order for the squatter to make a claim for adverse possession against the registered proprietor, the squatter must show the following criteria are made out for the requisite period, being ten years: • uninterrupted factual possession of the land by the claimant for the requisite period ('factual possession'), and • intention on the part of the claimant to possess the land during that period of possession ('intention to possess') Factual Possession In order to prove factual possession, the squatter must have had a sufficient degree of exclusive physical control

The Social Services and Well-being (Wales) Act 2014 (SSW(W)A 2014), in force from 6 April 2016, governs, among other things, the power to impose charges for meeting the needs of people in Wales who require care and support. SSW(W)A 2014 sets a capital threshold of £50,000 for people who are in residential care, above which such people are responsible for all of their own care home fees. If a person has capital below that threshold the local authority will pay for the care home fees, though the person may still be required to contribute via their income. As part of the capital assessment, ownership of a home will be taken into account unless it is also occupied by and will continue to be occupied by certain categories

Under the common law, the owner of land forming the bank of a natural watercourse has the benefit of the presumption that a landowner owns the land up to the centre of the watercourse, unless owned by someone else. Riparian owners have certain rights and obligations, including the right to water flow and flood protection. However, riparian owners also have common law duties to other riparian owners, the community and the environment. Such responsibilities include letting

It is important to remember that ‘adoption’ and ‘dedication’ are two very different things; a highway is adopted, if the highway authority agrees to maintain it at the public expense. A road becomes a highway if it is dedicated for the use of the public. See Practice Note: Creation of highways. If a highway is adopted, then the highway authority must keep it in repair. However, adopted or not, the principal obligation for keeping a highway open lies with the highway authority. Section 130(1) of the Highways Act 1980 (HiA 1980) states very simply: ‘it is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it’. This means that the highway authority must keep the highway

What comprises ‘income’ for the purpose of ss 310 and 310A of the Insolvency Act 1986 (IA 1986)? Section 310(7) of the Insolvency Act 1986 (IA 1986) provides that a bankrupt’s income includes ‘every payment in the nature of income which is from time to time made to him or to which he from time to time becomes entitled’ [our emphasis]. Commentary notes that: ‘Under the Bankruptcy Acts income has been held to mean income of the same genus as a salary. This should be taken as an indicative, rather than exhaustive, definition although it is submitted that the cases under the old law are of some assistance in exemplifying what may count as income.’ See Income: Schaw Miller and Bailey Personal Insolvency: Law and Practice, Chapter 14, Section O, para [14.172] which refers to income in the nature of a salary. Although