STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. CFAs in insolvency proceedings Insolvency litigation is exempt from the changes in law that came into force in April 2013, which from that date prevented parties in litigation from claiming success fees in CFAs and after-the-event (ATE) insurance premiums from the other party. That exemption was due to end for insolvency litigation in April 2015, but has been extended until at least later this year—see News Analysis: LASPO extension—relief for insolvency practitioners. The reason for this exemption is, essentially, that insolvency practitioners (IPs) conduct litigation on behalf of others (the creditors of the insolvency estate), and that they do not necessary have other forms of litigation funding available to them. So what does the insolvency exemption actually cover? The Legal

This Q&A covers money laundering offences under the Proceeds of Crime Act 2002 (POCA 2002), statutory tax and duty evasion offences, and the common law offence of cheating the revenue. It also covers the definition of criminal conduct and criminal property under the POCA 2002. Money laundering is a name given to a group of offences set out under POCA 2002, Pt 7 and in other legislation. Each offence concerns actions taken in regards to ‘criminal property’. POCA 2002, s 340(3) defines criminal property as: '(3) Property is criminal property if— (a) it constitutes a person's benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and (b) the alleged offender knows

The price payable to the competent landlord The amount payable to the competent landlord on the grant of the new lease is the aggregate of: • the diminution in value of the competent landlord's interest in the tenant's flat • the landlord's share of the marriage value, and • the amount of any compensation for loss arising from the grant of the new lease payable to the landlord The diminution in value of the landlord's interest is the difference between the value of the landlord's interest in the flat: • prior to the grant of the new lease, and • once the new lease is granted on the basis of an open market sale by a willing seller where neither the tenant nor any intermediate landlord is buying or seeking to buy. One

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 10.21(1) provides that a petition must not be heard until at least 14 days have elapsed since it was served on the debtor. IR 2016, SI 2016/1024, Sch 5, para 1 provides that the rules in CPR 2.8, with the exception of CPR 2.8(4), apply for the calculation of periods expressed in days in the Insolvency Act 1986 (IA 1986) or IR 2016, SI 2016/1024. CPR 2.8(2) provides that a period of time expressed as a number

The Crichel Down Rules allow surplus government land to be offered back to former owners, their successors or to sitting tenants. Although they are non-statutory arrangements, the courts have emphasized the importance

In answering this Q&A, we assume the EU Standard Contractual Clauses (also known as Model Clauses) in the context of controller to processor transfers which are solely subject to the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, as it will apply in the UK (from 25 May 2018) prior to the UK leaving the EU and/or EEA (Brexit) (and have not considered any specific EU Member State laws or the position post-Brexit) are being referred to. In answering this Q&A, we have limited our research to cover 2010 Controller to Processor Model Clauses approved by the European Commission (see Precedent: Standard contractual clauses for international transfers—2010—controller to processor—ICO templates) and have focused solely on the perspective of the controller. The GDPR, Regulation (EU) 2016/679, will apply from 25 May 2018 and will repeal the current Directive 95/46/EC,the

Certain leases are required to include prescribed clauses by the Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 58A. LRR 2003, SI 2003/147, r 58A(1) provides that, subject to an exception,‘a prescribed clauses lease must begin with the required wording or that

An English Will can cover assets solely in England and Wales, or those worldwide, and an English Will is recognised as valid in the majority of jurisdictions. However that does not mean that the applicable law will be English law in other jurisdictions as some jurisdictions have in place principles regarding succession, such as so-called 'forced heirship' which requires assets to be left in a particular way. The validity of the Will and how any foreign situs assets should be administered should be considered in this context. A demonstrative legacy is a general legacy paid out of a specific fund or asset. Therefore a payment of the funds in a foreign

Section 34(3) of the Administration of Estates Act 1925 (AEA 1925) provides: ‘Where the estate of a deceased person is solvent his real and personal estate shall, subject to rules of court and the provisions hereinafter contained as to charges on property of the deceased, and to the provisions, if any, contained in his will, be applicable towards the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout in the order mentioned in Part II of the First

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows an individual qualifying tenant to acquire a new lease for an additional term of 90 years at a peppercorn rent by giving notice under LRHUDA 1993, s 42 of his claim to exercise the right. By LRHUDA 1993, s 45 the landlord may give a counter-notice by the date specified in the section 42 notice either admitting the right to acquire a new lease or not admitting it. An admission is binding but where there is a challenge to the validity of the section 42 notice (for example because the tenant has failed to provide the required information or is not a qualifying tenant)

Tax analysis: Sanjay Panesar, senior partner of Rainer Hughes, says the Supreme Court’s finding that customs officers had an implied power to detain goods if the officers reasonably suspected they were liable to forfeiture is another example of the court’s recent trend of preferring the state against the citizen in tax matters.

The retention period for files is dependent upon the type of case and the business area of HM Courts and Tribunals service in which it is held. Each business area has a Record Retention and Disposition Schedule, which details the retention periods for each type of file. These schedules can be found under