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

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