Quia timet injunction The court can grant an injunction on a quia timet basis if there is a clear evidence that the respondent threatens or intends to injure a clear right of the applicant. In the recent case of Kazakhstan Kagazy PLC v Zhunus, Leggatt J in the High Court explored (at paragraphs 76 to 81) the line of authority which has built on the equitable jurisdiction of the court to lend assistance in advance to a person who has a right of indemnity by granting quia timet relief before that person has suffered any loss. For further information, see News Analysis: Contribution claims and freezing injunctions (Kazakhstan Kagazy v Zhunus). In Re Richardson ex p Governors of St Thomas's Hospital, Cozens-Hardy MR explained the jurisdiction as follows: 'It is settled at common law that, given a contract of indemnity, no action could be maintained

What are the requirements for the court to make the decree absolute? When considering an application for decree nisi to be made absolute the district judge must have regard to the requirements of Family Procedure Rules 2010, SI 2010/2955 (FPR 2010), 7.32 and, if satisfied that the requirements are met, will make the decree absolute and endorse the decree nisi to that effect. See Practice Notes: Restrictions on decree being made absolute—divorce (pre-DDSA 2020) and Decree absolute—divorce (pre-DDSA 2020). When can the court delay making the decree absolute? The statutory powers in relation to delaying pronouncement of decree absolute are as follows: • where the petition is based on two or five year’s separation, section 10 of the Matrimonial

The Childcare Act 2006 (ChA 2006) governs the provision of childcare services (including that provided by childminders and nurseries) in England. All childcare providers (including, for example, maintained schools) must comply with ChA 2006. Mandatory statutory guidance published by the Department of Education explains the legal requirements in this area (Guidance: Early years foundation stage statutory framework). In the first place, ChA 2006, s 34 requires providers of early years childcare to register and be listed on the early years register maintained by Ofsted. ChA 2006 and regulations made under it deal with the process of registration. In the case of schools (which will already be registered with Ofsted as a school), ChA 2006, s 34(2) provides a detailed exemption from the requirement to register with Ofsted

Section 139(4) of the Criminal Justice Act 1988 provides a defence for the accused to prove that he had good reason or lawful authority for having the article with him in a public place. The accused must prove his good reason on a balance of probabilities so that merely providing an uncontradicted explanation is not necessarily sufficient (see Godwin v DPP (1993) 96 Cr App R 244 (not reported by LexisNexis®)). In R v Jones, the Court of Appeal held that where there is a mistaken belief in facts which, if true, would have constituted lawful authority, it is capable of being a reasonable excuse, and the judge should so direct the jury, leaving the jury to determine whether the defendant has proved his belief in the requisite facts and whether in the circumstances that belief amounts to a reasonable excuse. The Divisional Court in L v DPP, held that

We refer you to the Housing Act 1988 (HA 1988) which provides the legislation on this subject. HA 1988, s 1(2)states: if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancym HA 1988, Sch 1, Pt I provides a list of tenancies which cannot be assured tenancies and para 12 specifically covers local authority tenancies: • A tenancy under which the interest

Pursuant to section 51(1) of the Senior Courts Act 1981 (SCA 1981), the costs of and incidental to all proceedings in the Family Court (and other listed courts) shall be in the discretion of the court. SCA 1981, s 51(3) goes on to state that the court shall have full power to determine by whom and to what extent the costs are to be paid. The case of Aiden Shipping Co Ltd v Interbulk (The Vimeira (No 2) confirmed that the words ‘by whom’ in SCA 1981, s 51(3) includes third parties who are not parties to the litigation. Some of the provisions of the Civil Procedure Rules 1998 (CPR) apply (with modifications) to family proceedings in relation to costs, including CPR 46 by virtue of Family Procedure Rules 2010, SI 2010/2955, 28.2(1), 28.3(2) The procedure for making a costs order against a person who is not a party

This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation. For guidance on how to assign a claim or cause of action, with particular consideration as to what should be included in the assignment documentation, see Practice Note: How do I assign a claim or cause of action? Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as '...a factual situation the existence of which entitles one person to obtain from the court a remedy against another person' (Letang v Cooper) and a claim as the formal assertion of a cause of action by a claimant against a defendant. In the authorities, the phrases 'assigning a cause of action' and 'assigning a claim' are sometimes used interchangeably. For the purposes of this Practice Note, unless the context indicates otherwise, we refer to: • assigning 'causes of action' when considering

This Q&A explains when it is necessary to analyse whether an obligor in a banking transaction is receiving a commercial benefit (also called a corporate benefit) for participating in the transaction and why that might be important. For an explanation of how this matter arises in connection with guarantees which is the most common context in which the issue of commercial benefit arises in finance transactions, see Practice Note: Guarantees—commercial benefit. Summary Assessing whether an obligor in a finance transaction is receiving a commercial benefit is necessary where guarantees, third-party security or some other form of co-payment obligation is imposed on a party and that party is not the recipient of any funds being advanced either directly or indirectly eg by way of the borrower on-lending the money advanced to it. A lack of commercial benefit can invalidate a transaction or lead to it being challenged by shareholders or an insolvency officeholder. Consequences of lack of commercial benefit If a company enters into a transaction

The reduced rate of VAT applies to certain renovations and alterations (including extensions) made to a premises: • that was used for a relevant residential purpose (RRP), such as a care home • which is intended to be used solely for a RRP after the works are carried out, and • which has not been lived in during the two years immediately before work is started Detailed conditions apply, but some guidance on when the reduced rate will, and will not, apply can be found in sections 8 and 14.6 of VAT Notice 708: buildings and construction. The guidance explains that the reduced rate of VAT: • can

Practice Note: Break clauses and notices—service states that: ‘Under LPA 1925, s 196, when served by post the break notice will be deemed served at the time when it would in the ordinary course of post be delivered, provided it has not been returned to sender.’ Section 196(4) of the Law of Property Act 1925 (LPA 1925) provides that: ‘(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of [Part 3 of the Postal Services Act 2011]) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.’ LPA

We have assumed that: This response does not consider the tax implications of an appointment of trust capital to a life tenant. Life interest trusts A life interest trust is a trust whereby the life tenant has either the right to use an asset, such as a residence, or the right to income from the asset. A life interest trust can be terminable, particularly in relation to the occupation of property, on a specific event such as remarriage or cohabitation, as well as death. A life interest trust is also known as an interest in possession trust. Such trusts have various advantages: • the preservation of assets for family members • the property in question will not form part of the settlor’s assets in any financial

When is a design made available to the public? Under article 7(1) of the Council Regulation (EC) 6/2002 on Community Designs, a design is made available to the public when it has 'been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed…except where these events could not have reasonably become known in the normal course of business to the circles specialised in the sector concerned, operating within the Community. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality'. The wording of the Designs Regulation with reference to 'the circles specialised in the sector concerned' suggests that the disclosure of the design should be to an audience greater than one person or one undertaking (potentially, if not in actual fact). This is in contrast