For the purposes of this response, it is assumed that the application stated to have been signed on 6 July 2022 and issued by the court on 22 July 2022 is the application that led to the commencement of the proceedings, rather than it being an application made within existing proceedings. FPR 2010, PD 3AB gives procedural effect to the prohibition on cross-examination in person in family proceedings set out in sections 31Q–31Z of the Matrimonial and Family Proceedings Act 1984, which was inserted by section 65 of the Domestic Abuse Act 2021 (DAA 2021). This includes making provision for the appointment of a qualified legal representative (QLR) to assist certain categories of litigant. FPR 2010, PD 3AB does not apply in relation to family proceedings which were started before the day on which DAA 2021, s 65 came into

Detailed information on the right to a statutory redundancy payment can be found in Practice Note: Entitlement to statutory redundancy payment. An employee is entitled to a statutory redundancy payment if: • they are an employee • they have been continuously employed for not less than two years at the ‘relevant date’ • they have been dismissed, and • the dismissal was by reason of redundancy For these purposes, ‘dismissal’ means any situation where: • the employer terminates the contract, with or without notice • a limited term contract comes to an end and is not renewed • an employee terminates the contract, with or without notice, in circumstances where they are entitled to do so by reason of the employer’s conduct and do so (except where the employee

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. In answering this Q&A, we have stated general principles regarding individual voluntary arrangements (IVAs), although consideration should always be given to the specific terms of the IVA you are dealing with, as these may be as determinative as the actual answer. As you will be aware, an IVA is an agreement entered into between an individual (the debtor) and their creditors (and possibly third parties) for a composition of the debtor’s debts or a scheme of arrangement of their affairs. The terms of the IVA are solely a matter

There is an exception to the usual rule that the grant of an underlease for a term longer than the lease term takes effect as an assignment of the lease. This exception applies if the lease has security

Under Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 15(9), a transferee will be jointly and severally liable with a transferor: • to pay compensation to a specified description of affected employees, where the transferor has failed to inform and consult (TUPE 2006, SI 2006/246, reg 15(8)(a)) • to an employee who succeeds in a claim that he belongs to the specified description of affected employees but has not received compensation by the transferor or transferee (TUPE 2006, SI 2006/246, reg 15(11)) The exception is where the transferor's failure relates to information and consultation regarding the transferee's proposed measures, and that failure was due to the transferee's failure to provide the relevant information

A ‘solution’ may comprise many different elements, only some of which may be capable of ownership and/or protection under English law. For the purposes of this Q&A, we have focussed on the copyright in the combined software product that comprises part of the ‘broader service solution’. For information on the issues of ownership of rights in methodologies and expertise (or know-how), see Practice Note: Know-how—protection and licensing and Overview: Patent transactions and management—overview (in relation to the issue that it is usually not possible in England to patent a methodology). For the purposes of this Q&A we have assumed that Party B is, in effect, the supplier of a software solution to its customers. In developing its software solution it is using open source software supplied by Party A under a 'commercial open source' licence as well as its own proprietary

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides that the court may make any order in respect of costs that it thinks just at any time. The power of the Family Court and High Court to make a costs order against a third party arises under section 51 of the Senior Courts Act 1981. FPR 2010, SI 2010/2955, 28.2 incorporates certain parts of the Civil Procedure Rules 1998 (CPR) on costs into the FPR 2010. See Practice Note: Costs in family proceedings. No application is required but a judge should not

The executors under the Will have power to deal with the English land. They have been given no authority to deal with the English bank account, which does not devolve under the English Will. The grant of probate will be necessarily limited due to the terms of the Will. In drafting the oath, the executors should swear to administer the estate to the extent only of the powers granted to them in the Will. For further guidance on this and a link to a draft Oath, see commentary: Grant limited in terms of will: Tristram and Coote's probate Practice

Recovering rent arrears Before taking any action to recover rent arrears, landlords must consider: • whether they are able to, and if so whether to forfeit the lease for non-payment • whether the tenant is in any form of insolvency and, if so, what implications this has for the methods of recovery available • whether there are any limitation period issues. No action may be taken to recover rent arrears after the expiry of six years from the date on which the arrears became due For more details on methods other than court proceedings used to recover rent arrears

It is clearly necessary for tenants to be aware of the identity of their landlord. Part 1 of the Landlord and Tenant Act 1985 (LTA 1985) makes provision for tenants to request the identity of the landlord, and puts a duty on a new landlord to give notice to the tenant of the change in landlord. LTA 1985, s 3 provides that where the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall given notice in writing of the assignment, and of his name and address,

For guidance on whether the personal representatives (PRs) have standing to appoint a director, see Q&As: • Where the sole shareholder and director of a private limited company (with model articles) has died, will his shares be transmitted to his personal representatives and can they appoint a new director? • Where the sole shareholder and director of a private limited company (with 1985 Table A articles) has died, will his shares be transmitted to his personal representatives and can they appoint a new director? Assuming the PRs having standing to appoint a director, consider the following: • the role of the PRs is to administer the deceased’s estate. A PR owes a duty to get and collect

Expenses incurred by witnesses are permitted under various different regimes in civil litigation. In small claims hearings, costs are governed by CPR 27.14 and CPR PD 27. In cases governed by the fast track fixed costs regime, a witness’ expenses are governed by CPR 45.29I. Both contain similar wording which allows for recovery of: ‘expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing’ The following principles can be