Family analysis: Mai-Ling Savage, barrister at Garden Court Chambers, examines the issues in the case of Re B and another (Change of Names: Parental Responsibility: Evidence), which included an application by the mother to change her children’s names and a prohibited steps order restricting the father’s ability to exercise his parental responsibility.

In order to qualify for statutory maternity pay (SMP), it is necessary for a woman to be or have been an employee as defined (see Practice Note: Maternity pay in particular the section ‘SMP—definition of employee’) and satisfy the following conditions, as set out in section 164 of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992): • she must have been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of ‘confinement’ (EWC) (ie childbirth) • her average weekly earnings with that employer for the

There are various different ways in which an easement can be created. One such method is by prescription, meaning that it is acquired by virtue of long use. An easement can be acquired by prescription at common law, by lost modern grant or under the Prescription Act 1832. Whichever way the easement is acquired, the use of the land concerned must take place without force, without secrecy and without permission. There is no requirement for an entry in the Land Register to be made for a prescriptive easement (meaning an easement which was acquired by prescription). When an estate in land is first registered, it is not only the estate which becomes vested in the proprietor but also the benefit of all interests subsisting for the benefit of the estate.

Privilege In English law, special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and their clients. This special protection, enabling a client to retain confidentiality in relation to certain communications, tends to be known as 'legal professional privilege' (LPP). LPP is an umbrella term which encompasses: • legal advice privilege, and • litigation privilege For more information, see Practice Note: Privilege—general principles. Legal professional privilege Legal advice privilege Legal advice privilege protects from inspection: • confidential • communications • between A (the client or internal agent) and B (the professional legal adviser or in-house lawyer) • for the sole or dominant purpose of giving or obtaining • legal advice or assistance on A’s rights and liabilities and what should prudently and sensibly be done in the relevant legal context For more information, see Practice Note: legal professional privilege in civil proceedings. Litigation privilege Litigation privilege protects from inspection: • confidential communications (whether oral or written) between A (the client)

The requirement to file a shareholders' agreement at Companies House arises where the agreement contains provisions amounting to variation of the joint venture company's articles of association. Since the shareholders' agreement is usually intended to be a private document (and may contain highly confidential information), this is generally to be avoided. A shareholders' agreement will contain variations to the joint venture company's articles only where:

For information about post-death rearrangements, including deeds of variation pursuant to section 142 of the Inheritance Tax Act 1984 (IHTA 1984), see Practice Notes: • Variation of Will or intestacy after death • Variation of Will or intestacy after death—Q&As • Post-death rearrangements The condition in IHTA 1984, s 142(3) prevents the ‘reading back’ relief in IHTA 1984, s 142(1) where the variation is made for ‘any consideration in money or money's worth other than consideration consisting of the making, in respect of another of the dispositions, of a variation or disclaimer to which that subsection applies’. This condition would therefore catch any consideration provided from a source outside the estate, whether provided directly or indirectly. We refer you to the Commentary at Anti-avoidance

To set the scene, if the exercise of an option is linked to the grant of the option, the amount of SDLT payable is determined by reference to the amount paid (if any) for the grant and the exercise before being pro-rated between the two transactions, see Practice Note: SDLT—options and rights of pre-emption. This will usually increase the amount of tax payable overall and may cause the purchaser to re-notify HMRC and pay additional tax in respect of the grant of the option. Transactions are ‘linked’ if they form part of a single scheme, arrangement or series of transactions between the same vendor and purchaser or persons connected with them. The test of connection in section 1122 of the Corporation Tax Act 2010 is used for this purpose. The purpose of the provision

For information: • on types of contractual term in employment generally, see Practice Note: Types of contractual term in employment • on offers of employment generally, see Practice Note: Offer of employment See also Precedent: Letter—employee offer letter. When issuing an offer letter, it is important to be clear whether the offer letter is to form the contract of employment once accepted by the employee, or whether the offer is conditional upon the employee subsequently

Advertisements are controlled by local planning authorities (LPAs) pursuant to the Town and Country Planning (Control of Advertisement) (England) Regulations 2007 (the Regulations), SI 2007/783. Advertisements controlled in this way are defined in section 336(1) of the Town and Country Planning Act 1990 as: ‘…any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used or designed, or adapted for use and anything else principally used, or designed or adapted principally for use, for the display of advertisements.’ The

Written agreements should be signed by the parties and accompanied by an appropriate testimonium or execution clause. Market practice differs on the exact wording to be used and on where the execution clause and signature blocks are located in the agreement. There are no legal requirements on placement and so most considerations are of a practical nature. This Q&A answers common questions on this topic in the context of current market practice in the United Kingdom. What are they and what is the correct terminology? The testimonium is the short sentence which precedes the signatures (for example: 'Agreed by the parties on the date set out at the head of this agreement'). The term originates from the wording eujus rei testimonium ('in testimony of which') which is no longer used. The modern title given to the testimonium is 'execution clause'. The attestation is the wording and space provided for the parties to apply their signatures. The modern title given to the attestation is 'signature block'. This Q&A uses the

Conservation covenants are private, voluntary agreements between a landowner and responsible body, such as a conservation charity or public body. They provide for conservation of the natural environment and heritage assets for the public good. They set out obligations in respect of the land they relate to, and bind current and subsequent owners of the land. Government guidance on ‘Getting and using a conservation covenant agreement’ sets out examples of what conservation covenant agreements can be used for, including to: • agree

The Practice Note: Termination of trusts—methods of termination explains that, where an express trust is completely constituted, it is generally binding and irrevocable whether or not it was constituted or declared for valuable consideration. Furthermore, if the trust is validly created and the settlor is not a beneficiary, the settlor has no legal right to interfere with the trustees to change the terms of the trust or to terminate