When a company enters an insolvency process, section 233 of the Insolvency Act 1986 (IA 1986) prevents suppliers of ‘essential supplies’ from demanding payment of pre-insolvency debts as a condition of continuing the supply. Where the company enters into administration or a voluntary arrangement, IA 1986, s 233A also imposes certain restrictions on termination because the law recognises the importance to companies of ensuring the continuation of essential supplies to facilitate either a rescue of the company, or a better return to creditors. It is also worth noting that the Corporate Insolvency and Governance Act 2020 (CIGA 2020) brought in more stringent rules generally surrounding the ability of a supplier to terminate a contracts due to a company’s insolvency (known as ipso facto clauses). CIGA 2020 introduced a new IA 1986, s 233B, so that suppliers of

Pursuant to section 11H of the Children Act 1989 (ChA 1989), the court may ask an officer of the Children and Family Court Advisory and Support Service (Cafcass) to monitor whether a child arrangements order is being complied with, and to report to the court on such matters relating to compliance as the court may specify. Such an order will be for a specified period of time, that may not exceed 12 months. The order containing the monitoring provision may specify who the Cafcass officer is to notify in the event of a breach,

A trustee’s right to remuneration or to recover expenses properly and reasonably incurred by them arises under the general principle that the trustee has a basic right to be indemnified out of the trust fund for any expenses or liabilities properly incurred on behalf of the trust (see Re Grimthorpe). The trust instrument will usually contain a charging clause providing for the remuneration of any professional trustees from the trust fund, or payment of any expenses properly

The starting point is set out in CPR 7.6: ‘…(1) The claimant may apply for an order extending the period for compliance with rule 7.5. (2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made— (a) within the period specified by rule 7.5; or (b) where an order has been made under this rule, within the period for service specified by that order. (3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if— (a) the court has failed to serve the claim form; or (b) the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and (c) in either

Section 6 of the Party Wall etc Act 1996 (PWA 1996) makes provision for a building owner to give notice before starting excavations near to a building or structure of an adjoining owner. See, generally, Practice Note: Party Wall works—notices, disputes and awards (under 'Excavating near boundary line'). The notice must include, among other things, plans and sections of the site and depth of the excavations

According to the Acas guide: Discipline and grievances at work (p.31): ‘If the employee has received a final written warning further misconduct or unsatisfactory performance may warrant dismissal. Alternatively the contract may allow for a different disciplinary penalty instead. Such a penalty may include disciplinary transfer, disciplinary suspension without pay , demotion, loss of seniority or loss of increment. These sanctions may only be applied if allowed for in the employee’s contract or with the employee’s agreement.’ The effect of the employee’s refusal to agree to a demotion may depend on: • the background to the decision to demote, and • whether the sanction is allowed for in the contract or with the employee’s agreement In Roberts v West Coast Trains, the Court of Appeal held that the claimant had not been dismissed by their employers, so as to entitle them

In the majority of claims a motor insurer will provide a full indemnity to their insured under a valid policy of insurance. However, where an insurer can contractually avoid liability, consideration should be given as to whether the insurer is nevertheless liable. For consideration of the extent of the various insurers’ liabilities, see Practice Note: Motor insurance and Hierarchical status of motor insurers—checklist. Liability as Road Traffic Act 1998 insurer An insurer may be liable under section 151 of the Road Traffic Act 1988 (RTA 1988).

The grant of the easement does not trigger compulsory first registration of the servient land. The easement is effective at law when made and binds the world. On first registration of the servient land, HM Land Registry must note the burden of any legal easements affecting the land contained in the deeds and documents lodged with the application. So if the easement

The Protection from Eviction Act 1977 (PEA 1977) creates criminal and civil sanctions to protect residential occupiers from unlawful eviction. These include, in relation to premises let as a dwelling under a tenancy or licence to occupy: • under PEA 1977, s 3, a prohibition on recovering

The Privy Council in Goldman v Hargrave held that there is a general duty upon occupiers in relation to hazards occurring on their land, whether natural or man-made. This decision was applied in Leakey v National Trust, where the defendant was liable for a naturally-arising landslip onto the claimant's property. The extent of the duty, and the steps required of the landowner, were explained: ‘The duty is a duty to do that which is reasonable in all the circumstances, and no more than what, if anything, is reasonable,

Compulsory registration arises when there is a transfer of a qualifying estate or the grant out of a qualifying estate of a lease for a term of more than seven years from

For information generally on preparing and submitting bundles for remote hearings, see the section of Practice Note: Remote hearings in the employment tribunal entitled ‘Preparing and Submitting documentation’. The Court and Tribunals Judiciary: Practice Directions and Guidance for Employment Tribunals (England and Wales) page lists both: • Presidential guidance on general case management (22 January 2018), and • Presidential Guidance (England and Wales) on remote and in-person hearings (14 September 2020) While the Presidential Guidance on remote and in-person hearings was written during and in the context of the coronavirus (COVID-19) pandemic, it continues to apply. It is expected that the guidance in these documents will be put