There a number of ways in which a local authority may get involved in a private law children case. Pursuant to section 7 of the Children Act 1989 (ChA 1989), the court may direct a welfare report to be prepared either by Cafcass or by the local authority. If the local authority is directed to prepare the report, the court will expect the social worker who writes the report to be made available to give evidence and to be cross-examined if necessary. Whether the local authority or Cafcass is the body directed to prepare the section 7 report (ChA 1989, s 7) will usually depend on the extent of local authority involvement with

A partnership is not a legal entity but is a relationship between partners. It is defined in the Partnership Act 1890 (PA 1890) as ‘the relation which subsists between persons carrying on a business in common with a view of profit’. A partner’s authority to bind the firm Each partner is an agent of the partnership

Note that references to remarriage should be interpreted as incorporating references to the formation of a subsequent civil partnership.Matrimonial Causes Act 1973, s 28 The relevant restriction is found in section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973), which provides as follows: 'If after the grant or making of a decree or order dissolving or annulling a marriage either party to that marriage remarries whether at any time before or after the commencement of this Act or forms a civil partnership, that party shall not be entitled to apply, by reference to the grant or making of that decree or order, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.' This jurisdictional restriction

If the legal title to real property is held in the sole name of an individual who has died, a grant of representation will be required prior to a sale of the property, to prove the title of the personal representatives. Legally, if the deceased owner died testate, the executors of the estate would have authority to deal with the estate prior to the issue of a grant of probate, because their authority stems from the Will, not the grant of probate. However, in practice, a purchaser's solicitors will require a grant of probate to prove title, because the Will which appoints

In the context of judicial review, an interested party is ‘any person (other than the claimant and defendant) who is directly affected by the claim’, see: CPR 54.1(2)(f). Interested parties are parties to the judicial review and can participate fully proceedings. They should be copied on any pre-action correspondence and are entitled to copies of all papers. A public body may become an interested party to a judicial review if it is named as such on the claim form and served with the necessary documentation in accordance with CPR 54.6–7. The Pre-Action Protocol for Judicial Review, which sets out the code of good practice also provides that details of any interested party known to the claimant should be included in the letter before claim. They should be sent a copy of the letter for information. The pre-action protocol adds: ‘Claimants

In this Q&A, we have assumed that the company in question is a private company limited by shares. Shares are personal property and as such they are generally transferred by a voluntary conveyance from a shareholder to a person wishing to become a shareholder. Shares are transferable in accordance with the company’s articles of association. Share transfer provisions may also be included in any shareholders’ agreement entered into between the shareholders of the company. In order to force one shareholder in a 50:50 joint venture to transfer its shares to the other shareholder, relevant provisions will need to be included in the articles of association of the company and any shareholders’ agreement entered into between the shareholders governing their rights and obligations in relation to the joint venture. Where two shareholders each hold 50% of the shares in the share capital of a company, the company is said to be a ‘deadlocked’ company. The shareholders will therefore need to reach

For the purposes of this Q&A, we have assumed: • the solicitor is charging the client on the basis of an hourly rate • ‘file notes’ includes ‘attendance notes’ • the retainer between solicitor and client allows for recovery of related time Solicitors Code of Conduct The ability to charge for preparing a file note will be dependent on a number of different factors. The solicitor’s conduct of the case and duties to the client in relation to whether it is reasonable to prepare a file note is underpinned by the outcomes contained in the Solicitors Regulation Authority (SRA) Code of Conduct 2011. The outcomes in chapter 1 include providing services to clients in a manner which protects their interests, having the resources, skills and procedures to carry out clients’ instructions and to deliver a competent service in a timely manner taking into account clients’ needs and circumstances. The number and detail of and file

The London Stock Exchange (LSE) operates the alternative investment market (AIM), which provides a listing for companies who would not qualify for a full stockmarket listing. AIM has looser listing requirements than the LSE and liquidity will be lower than for quoted shares. Also, these shares are likely to be more volatile and carry a higher risk

Where a party seeks clarification to enforce an award, section 57 of the Arbitration Act 1996 (AA 1996) sets out the circumstances in which an award may be clarified or corrected by an arbitrator or tribunal under the ‘slip rule’ (AA 1996, s 57(3)). The ‘slip rule’ may be used: • to remove any clerical mistake or error arising from an accidental slip or omission or to clarify or remove any ambiguity in the award, or • to make an additional award in respect of any claim (including a claim for interest or costs) which was presented to the tribunal, but was not dealt with in the award Any correction of an arbitral award will form part of that award (AA 1996, s 57(3)). The powers of a tribunal to correct an award can be agreed by the parties.

Where an employee wants to cancel a pre-arranged period of holiday, in the absence of a contractual right to do so, they will need their employer’s agreement. The Working Time Regulations 1998 (WTR 1998), SI 1998/1833 do not give employees a statutory right to cancel a pre-arranged period of holiday, and it is unusual for holiday provisions in an employment contract, or a holiday policy, to allow for this. In most cases, therefore, it is likely to be down to the employer to decide whether or not to agree to the request. However, there are competing interests to consider, particularly in the context of coronavirus (COVID-19): on the one hand, an employee who has had a holiday cancelled because of coronavirus will want to save their holiday entitlement until such time as they are able to re-schedule

In the scenario you describe, there are two ways in which the individual may establish employment rights against the end client (client company): • in the absence of any express agreement between them, by proving to the court that there is an implied contract between the client company and the individual • by satisfying the eligibility requirements of a specific piece of legislation, eg the Equality Act 2010 (EqA 2010) Whether the individual has these rights or not will depend on how his relationship with the client company is treated by the employment tribunal. The tax treatment will be factor but is not determinative. Implied contract In the absence of any express written contract between the end client and the individual, following the Court of Appeal decision in James v

For the purposes of this Q&A we have focused on a claim made under CPR Part 7. Service of the particulars of claim The claim form and particulars of claim can be served separately in all circumstances but must be served within four months of issue of the claim form and the claim form must state that the particulars of claim are to follow. The particulars of claim must be served within 14 days of service