An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out in London Association for Protection of Trade v Greenlands Limited. The legal position was considered in some detail in Chancellor, Masters and Scholars of the University of Oxford v Broughton. This case involved a campaign by the Animal Liberation Front and associated organisations. The normal way forward would be to obtain a representation order whereby a named member or members or officers of the association would be made parties ‘on behalf of the members of the association’. However, it may not be possible to seek and obtain such a representation order before the limitation period expires and therefore, the potential claimant may wish to know whether it can join the association in its own name. As set out in University of Oxford,

If an unmarried father who does not otherwise have parental responsibility is named in a child arrangements order (CAO) as a person with whom the child is to live (but not any other order under section 8 of the Children Act 1989 (ChA 1989)), then by ChA 1989, s 12(1) the court is also bound to make a separate order for parental responsibility under ChA 1989, s 4. The importance of the order under ChA 1989, s 4 being made separately is that it will not automatically come to an end if the CAO is ended, but will require an express order ending it, if the child is still a minor. If an unmarried father who does not otherwise have parental responsibility is named in a CAO as a person with whom the child is to spend or otherwise have

Enforcement of tenant’s obligations regarding repair During the term of the lease the landlord potentially has four different ways of enforcing the tenant's obligations relating to the fabric of the demised premises: • where there is a proviso for re-entry, by effecting forfeiture • where he has a right to do so under the terms of the lease or under statute, by carrying out the repairs himself and recovering the cost of doing so (eg under a Jervis v Harris clause) • in exceptional circumstances, by obtaining an order for specific performance of the tenant's obligations, and • by claiming damages Following determination of the term the landlord's only remedy is in damages. For more information, see Landlord's remedies for breaches of covenant by tenants concerning the

The effect of specifying events of default or a scheduled termination date in a facility that is otherwise stated to be repayable on demand will depend upon the precise language used. None of these terms has an automatic or invariable effect upon a loan facility. Where a facility includes reference to being both repayable on demand and upon a scheduled termination date it is possible that the facility is repayable in one of two situations: • only upon the specified termination date, or • when demanded by the lender and, in any event, by the termination date Facilities containing both of these terms have been considered in a number of authorities. In Titford Property Co Ltd v Cannon Street Acceptances (unreported, 22 May 1975), Goff J concluded that the reference to a fixed term and a specific project

In general, an asset is valued for the purposes of the appropriation as at that date (as compared to the date of death valuation relevant for inheritance tax (IHT) purposes). Often such an asset will have passed under the deceased's Will or on intestacy as part of the residuary estate and so any income arising from it during the estate administration

A controlling shareholder is any person who exercises or controls (on their own or together with any person with whom they are acting in concert) 30% or more of the votes able to be cast on all (or substantially all) matters at general meetings of the premium listing applicant. When identifying whether a premium listing applicant has a controlling shareholder, any voting rights which a person exercises independently either in its capacity as bare trustee, investment manager, collective investment undertaking or a long-term insurer should be disregarded. The requirements relating to a premium listing applicant who will have a controlling shareholder on admission were introduced in May 2014. As such, a premium listing applicant that will have a controlling shareholder on admission must have in place: • a written legally binding agreement (commonly known as a 'relationship

The Court has very limited powers in terms of the orders it can make prior to the commencement of proceedings and these are set out in section 33 of the Senior Courts Act 1981 (SCA 1981). The powers that can be exercised are those in relation to: • inspection, retention or

A worker has the right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 to a total of 5.6 weeks’ annual leave each year, made up of: • a basic entitlement of four weeks’ annual leave, implementing the right to annual leave under Directive 2003/88/EC, the Working Time Directive, and • an additional entitlement of 1.6 weeks’ annual leave, which is a right under domestic legislation only A worker also has the right to be paid for that annual leave. See Practice Note: Holiday pay. Different

The case of National Westminster Bank plc v Spectrum Plus Limited is the leading case on taking security over book debts. In that case, the House of Lords reached the clear conclusion, approving Lord Millett's conclusions in Agnew v Commissioner of Inland Revenue (also known as Re Brumark) that the critical issue in determining whether a charge over book debts is fixed or floating is not whether the debenture creating the charge contains a prohibition on drawings from an account to which the proceeds of such book debts are credited but whether after the debenture is executed, the account is actually operated

The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that may loosely be termed res judicata and Henderson abuse, namely: (i) the rule against relitigating matters already decided (the res judicata of cause of action estoppel and issue estoppel), and (ii) the rule against litigating matters which ought to have been raised in previous proceedings but were not (the rule in Henderson v Henderson). These two doctrines are often brought in the context of applying to strike out proceedings as abusive under CPR 3.4(2)(b) and, although there is a degree of overlap, the two concepts are distinct. See Practice Note: Res judicata and Henderson abuse. Generally, for a claim to be struck

See Practice Note: Remedies for connected lender liability in consumer credit. The Practice Note provides that under section 75 of the Consumer Credit

The rights of individuals to access their personal data and the data held on others (including children) and the duties of those who hold the information to provide it are set out in sections 7–9A of the Data Protection Act 1998 (DPA 1998). The Information Commissioner, whose role it is to uphold information rights in the public interest, has issued a code of practice under section 51 of the DPA 1998 (Subject Access code of practice - Dealing with requests from individuals for personal information) as part of his duty to promote good practice. The DPA 1998 says good practice includes, but is not limited to, compliance with the Act. Information held about a child (however old they are and whatever level of understanding