Insolvent means if the [Consultant

An estate which, if realised, would be insufficient to meet in full the debts and other liabilities to which it is subject. An estate is not insolvent if debts and liabilities can be settled even if none of the legacies can be paid.

Test of insolvency Section 421(4) of the Insolvency Act 1986 (IA 1986) provides a statutory test to establish whether an estate is insolvent: the estate of a deceased person is insolvent if, when all assets are realised, it will be insufficient to meet in full all the debts and other liabilities to which the estate is subject. An estate is not insolvent if debts and liabilities can be settled even if none of the legacies can be paid. In an insolvent estate, the beneficiaries will receive nothing and the debts and liabilities will not be paid in full, if at all. For example, Elizabeth’s estate contains just one bank account with a balance of £50,000. There is no IHT liability as the estate has the full basic nil rate band available. A funeral plan is in place to meet the funeral costs. The debts and liabilities of the estate amount to £12,000. By her Will, Elizabeth left £40,000 each to The Green Party and Greenpeace. Although there are insufficient assets in the estate to pay the legacies

Law360, Expert analysis: This September 2024 saw the publication of the International Bar Association (IBA) Site Visit Model Protocol for International Arbitration, offering a framework of rules for conducting site visits in international arbitration. While site visits can provide much-needed context to the issues in dispute and may form an essential part of the evidentiary record, they are also prone to generating new disputes as the parties look for ways to expand or restrict the scope of the visit and also grapple with the logistics of staging the visit.

A party has the right to inspect, and to obtain a copy of, any disclosed document, subject to certain exceptions.

Inspection of documents refers to a party’s right in litigation or other legal proceedings to see and, where permitted, take copies of another party’s documents that are relevant to the issues in dispute. It follows disclosure / discovery of documents and allows a party to verify what is held, test credibility, and prepare evidence and cross-examination.In England and Wales and Northern Ireland, inspection is governed mainly by the civil procedure rules on disclosure (for example CPR Part 31 / Part 31-type provisions), including rules on standard disclosure, specific disclosure and withholding inspection on grounds such as privilege, proportionality or confidentiality. In Scotland, inspection of documents is typically obtained through commission and diligence, including a specification of documents, subject to judicial control and objections (for example, on confidentiality or privilege). In Ireland, inspection forms part of discovery procedures under the Rules of the Superior Courts, again subject to legal professional privilege, public interest immunity and relevance.Across all four jurisdictions, inspection of documents is a key tool to secure evidence, narrow issues, assess settlement prospects and ensure procedural fairness, while balancing parties’ confidentiality and privilege.

Inspection of records Reinsurance agreements, particularly treaties, typically include clauses granting rights of inspection through which a reinsurer is entitled to examine a cedant’s books and records, insofar as those books and records contain details of the business written by the cedant within the scope of the reinsurance. The right to inspect a cedant’s books and records can be an important tool for a reinsurer in a variety of circumstances. For example, where a reinsurer has concerns in connection with an account protected under a policy of reinsurance, the reinsurer will typically wish to conduct an inspection of the cedant’s books and records in order to investigate whether the cedant is in compliance with all of the terms of that reinsurance, in particular as regards the type and quality of ceded business. Another example is in circumstances where a reinsurer wishes to monitor a claim that could have the potential to cause a significant loss. Further, a reinsurer (or direct insurer) may also wish to conduct an inspection in the context of a delegated

Planning analysis: In Lancaster City Council v SSHCLG, the Planning Court dismissed an application for statutory review of an inspector’s decision to grant planning permission on appeal for an application under section 73 of the Town and Country Planning Act 1990 (TCPA 1990). The s 73 permission, in conjunction with a deed of variation under TCPA 1990, s 106A, had the effect of removing the affordable housing requirement on site.

Planning analysis: In Brent LBC v SoS, the High Court found that an inspector had erred in law in failing to have regard to and address the submission of the London Borough of Brent (the Council) that a material change of use by way of intensification occurred. The decision confirms that although there is no obligation on an inspector to investigate all potential breaches of planning control in an enforcement notice appeal, they are required to consider material submissions on breaches which go to the issues that the inspector must determine.

Ofsted, the Care Quality Commission (CQC), HM Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), and HM Inspectorate of Probation (HMIP) have published a joint report which finds that children affected by domestic abuse are not always recognised as victims in their own right, despite legal recognition under the Domestic Abuse Act 2021. The report identifies inconsistent practice across six local authority areas, finding that police, health and social care services often focus on adult victims, while insufficient attention is paid to children’s needs and risks. It notes significant variation in how children’s experiences are captured, gaps in professional training on domestic abuse, its impact on children and coercive control, and weaknesses in information sharing between agencies. The report also highlights examples of strong practice, including effective safeguarding work with unborn babies, with midwives demonstrating professional curiosity, awareness and understanding of the potential risks of domestic abuse. Schools and early years providers were also found to play a critical role in identifying, supporting and protecting children.

An instalment agreement is a payment plan under which a debtor pays a sum due, with any agreed interest, in scheduled periodic amounts until the balance is cleared. It is a descriptive term used across debt recovery, dispute settlement and tax, rather than a defined term.England and Wales: commonly a contractual settlement (often in a Tomlin order) or a judgment payable by instalments; default may trigger acceleration or enforcement.Scotland: parties may agree instalments; courts can grant time to pay directions or orders under the Debtors (Scotland) Act 1987.Northern Ireland: courts and the Enforcement of Judgments Office can fix or approve instalments for judgment debts.Ireland: the District Court may make instalment orders under the Enforcement of Court Orders Acts; parties also agree phased settlements.Key features include payment schedule, interest, any security or guarantee, default/acceleration and enforcement provisions, and variation terms. In regulated consumer credit, instalment terms must comply with the Consumer Credit Act 1974 and FCA rules (or Irish consumer credit law). Tax authorities offer Time to Pay (HMRC) and Phased Payment Arrangements (Revenue). Usage is broadly consistent across the jurisdictions.

An instalment contract is an agreement under which a party’s obligations, typically payment or delivery of goods or services, are performed in separate parts over time rather than in a single lump sum. It is common in asset finance, consumer credit, construction, and long‑term supply arrangements.Across England and Wales, Scotland, Northern Ireland and Ireland, “instalment contract” is a descriptive term rather than a uniformly defined statutory concept, though specific legislation may apply depending on context (for example, consumer credit or hire‑purchase legislation, or the Sale of Goods Acts).Key legal issues include: when ownership or risk passes; whether failure to pay or deliver one instalment is a repudiatory breach entitling termination of the whole contract; set‑off rights between instalments; acceleration clauses making all future instalments immediately due on default; and remedies such as repossession or specific implement/performance.Case law in all four jurisdictions treats the effect of breach of an instalment as fact‑sensitive, considering the contract wording, the seriousness of the default and commercial context. In practice, careful drafting is essential to allocate risk, define consequences of missed instalments, and clarify whether the contract is divisible or entire.