In civil proceedings, the doctrine of stare decisis (to stand by things decided) provides a hierarchy in respect of the binding nature of certain court proceedings. This can be summarised as follows: • every court below the Supreme Court will be bound by the Supreme Court’s decisions, and all courts below the Court of Appeal will be bound by the Court of Appeal’s decisions • a High Court Judge will not be bound by a decision of a fellow High Court Judge, however, in practice, High Court Judge’s will follow such a judgment unless they consider it to be wrong • High Court decisions are binding on judges in the County Court County Court decisions are not usually binding upon other County Court judges. In terms of tribunal proceedings, the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) is of relevance. TCEA 2007, s 3(5) provides that the Upper Tribunal is to be a superior court of record, such that its decisions will

In this Q&A we have assumed: • assessment of the deceased was correctly calculated • deceased had a normal financial profile and was not for example someone who had no recourse to public funds • there was no top up being paid or owing • there was no deprivation, and • based assessment was paid up to date Charging for a resident assessed as full cost and availing themselves of a deferred payment agreement would normally be as follows: • an income based contribution which is usually the service user’s income less their personal allowance and this is payable every charging cycle which differs between local authorities • balance of the full cost (after the 12-week disregard) should be deferred against the property The

A co-operative society or community benefit society (previously known as industrial and provident societies) (a registered society, or alternatively, a society) is a body corporate with limited liability that can be used by organisations to conduct a business either as a co-operative or for the benefit of a community. As noted in Practice Note: Co-operative and community benefit societies, a registered society is managed by its officers. The Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014) does not use the term ‘directors’ but ‘officers’, although many societies do still use the title of ‘director’ for their officers. There are a number

Part 10 of the Civil Procedure Rules 1998 deals with acknowledgements of service. The purpose of filing an acknowledgement of service is to gain the extension of time of 14 days in which to file a defence that this affords; or to dispute the jurisdiction of the court (CPR 10.1). A failure to file a defence, an admission or an acknowledgement of service in response to Particulars of Claim entitles the claimant to seek judgment in default (CPR 10.2). CPR 10.3 provides that the general rule is that the period

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.27(1) provides that, ‘not less than one day before every hearing or appointment, each party must file with the court and serve on each other party an estimate of the costs incurred by that party up to the date of that

Grounds for applying for a recovery order in care proceedings Section 50 of Children Act 1989 (ChA 1989) Section 50(2) of ChA 1989 specifies that a recovery order under this section can only be applied for in respect of children who are in care, the subject of an emergency care order or in police protection. See Practice Note: Public children—emergency protection orders. Section 50(4) of ChA 1989 lists the possible applicant for an order as any person who has parental responsibility for the child by virtue of a care order or emergency protection order or where the child is in police protection, the designated officer. Section 50(1) of ChA 1989 states that the court may make a recovery order where it appears to the court that there is reason to believe that a child as specified in s 50(2) of ChA 1989: • has been unlawfully taken away or is being kept unlawfully away from the responsible

The powers conferred to an authorised officer under section 108 of the Environment Act 1995 (EA 1995) are conditional to the requirements under EA 1995, s 108(1), (2), namely: ‘A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose: (a) of determining whether any provision of the pollution control enactments

The powers conferred to an authorised officer under section 108 of the Environment Act 1995 (EA 1995) are conditional to the requirements under EA 1995, s 108(1) or (2), namely: ‘A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose: (a) of determining whether any provision of the pollution control enactments

Tenancy deposits must be protected regardless of whether the landlord is a company or an individual. The requirement to protect a deposit comes from section 213(1) of the Housing Act 2004 (HA 2004), which provides as follows: ‘(1) Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time

The effect of remarriage on the ability of a party to bring financial claims on divorce is addressed by section 28 of the Matrimonial Causes Act 1973 (MCA 1973). MCA 1973, s 28(3) provides that: ‘If after the grant of a decree dissolving or annulling a marriage either party to that marriage remarries whether at any time before or after the commencement of this Act or forms a civil partnership, that party shall not be entitled to apply, by reference to the grant of that decree, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.’ Financial

Any company, whether public or private, can apply to the Registrar of Companies to be struck off the register of companies and dissolved. For more information, see Practice Note: Voluntary striking off and dissolution. A members' voluntary liquidation (MVL) is an alternative route where the company is solvent, for which see: Members' voluntary liquidation (MVL)—overview. From a general perspective, striking off may be the right option if the company is dormant or has never traded. It may also be preferable if the company’s affairs have been fully dealt with and there is no risk of any remaining assets/liabilities giving rise to a claim and resulting in objection to the striking-off and if tax clearance has been obtained. However, the dissolution process is

An unincorporated members' club is not recognised as having a legal existence apart from the members of which it is composed, so unless the rules of the club provide to the contrary, the property and funds of the club will belong to the members for the time being jointly in equal shares. The management of the club and its property is in the hands of the members, and