From the description of the transaction in this Q&A, the method being used by the bank to exercise its security is the exercise of a power of sale. That method involves the borrower (in default) being required to transfer the property directly to a third party nominated by the bank and the sale proceeds being held by the bank on trust for the benefit of the borrower’s creditors. If that is correct, the bank should not be required to pay stamp duty land tax (SDLT)

Cash is defined in chapter 3 part 5 of the Proceeds of Crime Act 2002 (POCA 2002) (recovery of cash in summary proceedings) 2002 section 289(6). The definition of cash includes notes and coins in any currency, postal orders, cheques of any kind including travellers' cheques, bankers' drafts, bearer bonds and bearer shares, and any kind of monetary instrument. See Civil asset recovery under POCA 2002—overview. Where the owner

Judges, Masters and Registrars Section 4 of the Senior Courts Act 1981 (SCA 1981) provides for a specified number of ‘judges’ of the High Court. In addition to those judges, the roles of Masters and Registrars of the High Court are also provided for by SCA 1981. The number of those holding each of these judicial offices is supplemented by part-time judges known as deputies: Deputy High Court Judge, Deputy Master and Deputy Registrar. For the purposes of the doctrine of precedent, there is no relevant difference between deputies and those who hold the judicial office on a full-time basis—see Howard de Walden Estates v Aggio (overturned by the House of Lords, but without comment on the doctrine of precedent). Relative status of judgments in the High Court. Coral Reef Ltd v Silverbond Enterprises Ltd [2016] EWHC 874 (Ch) (not available in Lexis®Library) is a decision of Master Matthews, in a case which raised a question as to whether a master is bound to follow a previous

A person entitled to a grant may wish for letters of administration for their use and benefit to be granted to their attorney. The grant will be limited until further representation is granted or in any way the registrar directs. If the donor is entitled to a

Section 89(4A) of the Inheritance Tax Act 1984 (IHTA 1984) and Schedule 1A to the Finance Act 2005 set criteria for a trust beneficiary to qualify as a disabled person for the purposes of IHTA 1984. Whether a person falls within this definition will depend on

This Q&A assumes that the Will is not being challenged at this stage. There isn't a straightforward answer to the question about whether a beneficiary is entitled to see the Will (or part of it) before probate is granted. The answer will depend upon the circumstances in which the request is made to see the Will and the identity of the person who makes the request. The starting point is that a Will is a confidential document until it has been proven (ie by a grant of probate/grant of administration with the Will annexed being extracted from the Probate Registry). Therefore, prior to a grant of probate being obtained, a beneficiary named in the Will has no entitlement, per se, to see the Will (or any part of it). After probate has been granted, the Will becomes a matter of public record and the general public have a right to inspect the testamentary documents under section 124 of

The Immigration Rules covering this route are found in the Immigration Rules, Appendix FM, para EC-C.1.1-ECC.1.2. In order to be eligible to apply, among other things, the child must be under 18 at the date of application and one of their applicant’s parents must be in the UK with limited leave to enter or remain, or be being granted, or have been granted, entry clearance, as a partner or a parent under Appendix FM (para E-ECC 1.6). See Practice Note: Children of a parent with limited leave as a partner: entry clearance—eligibility tables. For the definition of parent, see Practice Note: Children under

See Practice Note: Validity of Wills—signature for guidance on the requirements in relation to the testator’s signature, witnessing requirements and appropriate attestation clauses. In the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 13, ‘execution of a Will of blind or illiterate testator’ states that, before admitting to proof a Will which appears to have been signed by a blind or illiterate testator or by another person by direction

Whether early prepayment is allowed will depend on: (a) the nature and terms of the facility agreement and (b) whether the agreement is subject to the Consumer Credit Act 1974 (CCA 1974). Agreements not regulated under CCA 1974 Absent contractual terms to the contrary, where money is lent without any stipulated time for repayment then a debt repayable immediately is created, with no need for any demand by the creditor. In such circumstances, the borrower will be free to repay whenever they see fit. The question assumes, however, that there is an overall term period for the loan in question with an obligation to repay at the end of the term. In those circumstances, and if there are no express terms as to early repayment (as to which see below), it is not possible for the borrower to repay early and discharge the debt, unless the creditor agrees to accept such early repayment. This is because the defence to

Where there is a mistake in a notice served to exercise a break clause in a lease, the validity of the notice will depend on whether the reasonable recipient would be misled by the error: Mannai v Eagle Star. In Mannai, the tenant served a break notice that incorrectly recorded the contractual expiry date of the notice as 12 January 1995,

The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566 provided that on 1 October 2011, most private sewers and lateral drains which, immediately before 1 July 2011, ‘communicated with’ a public sewer were automatically transferred to the sewerage undertaker, unless there was a successful appeal. This effectively made all previously private sewers public. Under the Building Regulations 2010, SI 2010/2214, Sch 1, para H4, the consent

The requirements as to court bundles in family proceedings are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in FPR 2010, PD 27A. FPR 2010, PD 27A, para 2.2 provides that a hearing for the purpose of FPR 2010, PD 27A ‘includes all appearances before the court, whether with or without notice to other parties, whether at first instance or…on appeal and whether for directions or for substantive relief’, as amended with effect from 23 July 2018. FPR 2010, PD 27A does not apply to the hearing of any urgent application, if and to the extent that it is impossible to comply with