The time limit The court’s permission is required to make an application under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975, after six months has lapsed from the date of the grant. However, in view of the provisions set out in the Inheritance and Trustees' Powers Act 2014 which enables proceedings to be issued before the grant, it is unlikely that permission to bring a claim out of time will now be granted, save in exceptional circumstances. The procedure In cases where the time limit has lapsed, if the claimant wishes to pursue a claim they will have to apply for permission to bring the claim outside

For information on collective agreements generally, see: • Practice Note: Collective agreements • Collective agreements: Harvey NI [3201] Statutory collective agreement There are three main elements to the statutory definition of ‘collective agreement’ in section 178(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992): • there must be an agreement or arrangement • the agreement or arrangement must be made by or on behalf of one or more trade unions and one or more employers or employers' associations, and • the agreement or arrangement must relate to one or more of the matters specified in TULR(C)A 1992, s 178(2) There is nothing in the legislation to say that:

The provisions in section 15 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) about the nominee purchaser are comparatively limited. The nominee purchaser is appointed by the participating tenants to conduct all steps on their behalf arising out of the initial notice under LRHUDA 1993, s 13: this is with a view to the acquisition of the freehold on the tenants' behalf together with such other interests as are to be acquired pursuant to the notice.

A landlord or a tenant can bring a claim for damages for breach of the covenant to keep the property in repair either during the term or on its expiration. If a claim is made during the term, you will need to consider the potential impact of the Leasehold Property (Repairs) Act 1938, in respect of which, please see our Practice Note: Dilapidations during the term—claims by the landlord. As the lease is continuing and the covenant to repair is of a continuing nature, the landlord will have the right to seek damages for further disrepair, which becomes apparent. However, in any event, when the interim schedule of dilapidations is served, the landlord should reserve their right to amend the schedule if and when further disrepair becomes apparent. In the event that the claim is for disrepair

A collateral warranty is a contract which is collateral to (or sits alongside) an underlying or primary contract. In construction, a collateral warranty is typically collateral to either a building contract, consultant’s appointment or subcontract. The warranty creates a contractual link where there wouldn’t normally be one, thereby enabling a third party, such as, for example, a purchaser or tenant, who owns or occupies recently completed buildings, to have a direct contractual relationship with a construction team member. That third party can then rely upon the

This query refers to the Acas step by step guidance on investigations for discipline and grievance: Step 4: If there are witnesses. Consideration will need to be given to: • the use of witness statements in the context of a fair disciplinary procedure • data protection issues under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) For information on dealing with disciplinary issues generally, see Practice Notes: • Managing conduct • Dismissing fairly for conduct reasons • How to conduct a disciplinary investigation • How to plan and prepare for a disciplinary hearing According to the Acas Code of Practice on disciplinary and grievance procedures: ‘If it is decided that there is a disciplinary case to answer, the employee

We have assumed that this query relates to discrimination arising from a disability under section 15 of the Equality Act 2010 (EqA 2010). Under EqA 2010, s 15, a person discriminates against a disabled person if: • they treat the disabled person unfavourably because of something arising from, or in consequence of, that disabled person’s disability • they cannot show that the treatment is a proportionate means of achieving a legitimate aim, and • they knew, or could reasonably have been expected to know, that the disabled person had the disability EqA 2010,

Can a young person be an agency worker? A young person is defined as someone who is over compulsory school age but under the age of 18. A person is over compulsory school age on the last Friday in June in the school year in which they have their 16th birthday. ‘Young worker’ is similarly defined in Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 2(1). For further information, see: Practice Note: Employing children and young people, in particular section ‘Employment of young people’. Aside from specific provisions relating to the national minimum wage and working time, young people are not treated separately in employment law. There is therefore nothing to say that a young person

A claim for an equitable account is a claim in which the court is asked to determine whether in the course of a relationship (whether personal or professional) there should be an allocation of otherwise jointly owned assets between the parties as a result of some unfairness. It is a discretionary remedy and has fallen somewhat out of fashion following Stack v Dowden. Occupation rent is a form of equitable accounting where a party has occupied jointly owned property to the exclusion of the other owners. The court may order that the occupier pay notional rent to the other owners to compensate them for the lack of use of their land. In Bernard v Josephs, the court described equitable accounting in the following way: ‘When the proceeds of sale are realised there will have to

The right to forfeit a lease may be lost by waiver. The significance of this differs depending on whether the breach concerned is classified as ‘continuing’ or ‘once-and-for-all’. That is because when the right to forfeit for a ‘continuing’ breach is waived, the breach occurs again the following day and so the right to forfeit arises again. If the breach is ‘once-and-for-all’, however, the right to forfeit will be waived for

Although we have been unable to find any specific case law or commentary confirming the point, the definition of ‘rent’ in section 166 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), (which deals with the requirement for the landlord to first serve notice on the tenant requiring payment) specifically excludes sums in respect of service charge or an administration charge. As the definition is otherwise silent, this may suggest that other sums which are reserved as rent may fall within the definition of ‘rent’. In Barrett v Robinson, the Upper Tribunal found that where a tenant had covenanted to pay rent and

Under section 26(6) of the Landlord and Tenant Act 1954 (LTA 1954), the landlord must serve a counter-notice within two months of the making of a section 26 request if it wishes to oppose the grant of a new lease on the grounds set out in LTA 1954, s 30 (see Practice