The relationship requirement for a dependent child of a skilled worker in Appendix Skilled Worker (SW Appendix) of the Immigration Rules includes that: ‘SW 30.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless: (a) the parent with permission as a Skilled Worker is the sole surviving parent; or (b) the parent with permission as a Skilled Worker has sole responsibility for the child’s upbringing;

Consumer Protection Act 1987 There are a variety of statutes and regulations dealing with consumer rights and protection including the Consumer Rights Act 2015 (CRA 2015), the Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013, SI 2013/3134 and the Consumer Protection Act 1987 (CPA 1987). See: Consumer remedies and enforcement—overview. CPA 1987, Pt 1 implements into UK law the provisions of the Product Liability Directive (85/374/EEC) (the Directive). It imposes liability on the producer of a product for damage caused by a defect in that product. For further information, see Practice Note: Claims under the Consumer Protection Act 1987. The liability is not dependant on fault but defectiveness. The claimant only has to show: • the product had a defect. The Directive has limited guidance on the meaning of

If the personal representatives (PRs) of a deceased person decide to exercise their power of appropriation in favour of a legatee before the end of the administration period, they would effectively bring forward the date on which that legatee becomes beneficially entitled to the appropriated property or asset. The PRs have a common law power of appropriation but also a statutory power, in section 41 of the Administration of Estates Act 1925. For further details, see Practice Note: Personal representatives and trustees—power of appropriation. Therefore, any sale of the property

Under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), subject to various qualifying criteria, tenants who hold long leases of flats have a collective right to buy the freehold (and any intermediate leasehold interests) of the building containing those flats together with any common areas (eg gardens, car parks, etc). The process is commonly referred to as collective enfranchisement. In order to qualify under LRHUDA 1993, various criteria must be met. Broadly, these are that: • the building must be self-contained or part of a building • no more than 25% of the internal floor area of the building (excluding common parts) is to be in

In summary, it is possible for the grant of security to be set aside as a preference. The position is less straightforward, however, in respect of applications to set aside the grant of security as a transaction at an undervalue. Preferences A transaction entered into with a creditor of the insolvent company or bankrupt can be set aside as a preference (under ss 239 and 340 Insolvency Act 1986 (IA 1986) respectively) where: • the company or individual gave a preference in fact to the creditor by doing something (or permitting something to be done) with the effect of putting that creditor into a position which, in the event of the company or individual entering liquidation or bankruptcy, would be better than if the act had not been done (IA 1986, ss 239(4) and 340(3)) • the company or individual was influenced by a desire to prefer the creditor (IA 1986, ss 239(5) and 340(4)), and • the preference was given at

Procedure for discharging conditions under DMPO The procedure for applications made under a planning condition is set out in Article 27 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (the England DMPO) and Article 23 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, SI 2012/801 (the Wales DMPO). Requests for approval of further details required by

Where a landlord proposes to make a relevant disposal affecting premises to which Part I of the Landlord and Tenant Act 1987 (LTA 1987) applies, he must serve a notice under LTA 1987, s 5 (an offer notice) on the qualifying tenants of the flats contained in the premises (the constituent flats): see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. The offer notice must comply with various statutory requirements (see LTA 1987, ss 5A–5E and Tenants’ right of first refusal—procedure—checklist). Where a landlord has served an offer notice on the qualifying tenants of the constituent flat, those tenants may then serve an acceptance

It is not possible for the articles of association of a company to validly give a person who is not either one of its members or acting on behalf of one of its members (ie as their proxy or corporate representative as permitted by the Companies Act 2006 (CA 2006)) the right to vote on a members' resolution. The members of a company are the subscribers to its memorandum of association and every other person who agrees to become a member of the company, and whose name is entered in its register of members. CA 2006, Pt 13 prescribes the types of members' resolutions that may be passed by a company and the way in which such members' resolutions may be passed. Those provisions override any contrary provisions in a company's articles, unless otherwise expressly stated in CA 2006. The members of a private company can pass resolutions at a general

A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an appropriate procedure as permitted by that statutory provision, even deferred shares, despite the fact that they are likely to have minimal value and their cancellation will not result in a significant capital reduction for the company. Therefore, a company's articles cannot provide for its deferred shares to be automatically cancelled on a specified date. To

Section 142(1) of the Inheritance Tax Act 1984 (IHTA 1984) provides: ‘(1) Where within the period of two years after a person’s death— (a) any of the dispositions (whether effected by will, under the law relating to intestacy or otherwise) of the property comprised in his estate immediately before his death are varied, or (b) the benefit conferred by any of those dispositions is disclaimed, by an instrument in writing made by the persons or any of the persons who benefit or would benefit under

In answering this Q&A we assume that the client intends the benefit of the restriction to be enforceable not only by him, but also his successors in title. Our Practice Note: Restrictive covenants—nature and characteristics explains that: At common law the burden of a covenant cannot run (ie so as to bind successive owners or occupiers) with freehold land in any circumstances. However, in some circumstances, the burden of a covenant may be enforced against a successor in title to the original covenantor in equity. An undertenant or other occupier may also be bound. The requirements are that: • the covenant is negative or restrictive in nature • the covenant was entered

The context within which the court has made an order for sale that the parties seek to vary is not specified, but if the order was made within financial remedy proceedings pursuant to section 24A(1) of the Matrimonial Causes Act 1973 (MCA 1973), then the court does have the ability to vary that order pursuant to MCA 1973, s 31(2)(f), for example by delaying sale. The court may also vary an undertaking to sell if such an undertaking could have been framed as an order. It should be noted that, while the order to sell may be varied, MCA 1973, s 31 does not give the court jurisdiction to vary any lump sum payable