An application may be made pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). The court will need to be satisfied under MFPA 1984, s 12 that the divorce is recognised for the purposes of Part II of the Family Law Act 1986. The court will also need to satisfy itself that it has jurisdiction under MFPA 1984, s 15, namely, that either of the parties is domiciled in England and Wales at the date of the application for leave, that either of the parties was habitually resident in England and Wales for one year ending with the date of the application for leave or that either or both

Section 191(1)(c) of the Town and Country Planning Act 1990 (TCPA 1990) provides that an application can be made to the relevant Local Planning Authority (LPA) to ascertain whether failure to comply with any condition subject to which the planning permission has been granted is lawful. TCPA 1990, s 171(B)(1) provides that an LPA cannot take enforcement action in respect of building and engineering work after the period of four years has elapsed since the date on which the works were substantially completed. TCPA 1990, s 171(B)(2) of the Act provides that in the case of a change of use of a building to use as a single dwelling house the time limit is four years from

Stopping up Highways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. Powers to stop up and divert highways are contained in: • sections 247, 248, 249, 253 and 257 of the Town and Country Planning Act 1990 • sections 116, 118 and 119 of the Highways Act 1980 For more information on the scope of the powers and procedures, see Practice Notes: Powers to stop up and divert highways and footpaths and Stopping up and diverting highways under section 247 of the Town and Country Planning Act 1990. Adverse possession Even

When completing the online sponsor licence application form, an organisation may indicate the sub-tier in which it wishes to become a sponsor and may choose from one or more of the following: Tier 2 (Skilled Workers with a Job offer) • General • Intra Company Transfer • Sports people • Ministers of Religion Tier 4 (Students) • General • Child Tier 5 (Temporary Workers) • Creative and Sporting • Government Authorised Exchange • International Agreement • Religious Workers • Charity Workers It is therefore possible to apply for a sponsor licence under the Tier 2 (Intra-Company Transfer) (ICT) category, without the need to also apply for a licence under the Tier 2 (General) category. Alternatively,

We refer you to Practice Note: Changing or ending a deputyship, which sets out the circumstances in which it might be necessary to replace a deputy and the circumstances in which a deputyship may be brought to an end. You will see from this Practice Note that a deputyship can only be brought to an end when P dies or regains capacity. Where P continues to lack capacity to manage their property

An application in accordance with the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, 23.4, which provides that the application is to be made in accordance with COPR 2017, SI 2017/1035, Pt 9 may be made to the Court of Protection for a declaration as to: • whether a protective measure taken under the law of a country other than England and Wales is to be recognised in England and Wales • whether a protective measure taken under the law of, and enforceable in, a country other than England and Wales is enforceable, or to be registered, in England and Wales see Practice Direction 23A International Protection of Adults Practice

This Q&A considers how to draft a will in which there are several executors and trustees to provide that only those executors who have taken out a grant will be the trustees from the date of any grant. Executors and trustees The executor’s title derives from the will where the will contains the appointment—it is authenticated by the grant of probate. Property vests in the executor on the death of the testator and much of what he/she can do after probate he/she can equally do before probate. It

A lifetime gift is a gift made during the lifetime of the donor. If the donor survives for seven years, the gift is free of inheritance tax as it is what is known as a potentially exempt transfer (PET). There are other allowances that also apply in specific circumstances to lifetime gifts, such as a set amount gifted to children or grandchildren on an annual basis out of income. A lifetime gift would therefore not be left in a Will. Appropriation commonly occurs where there has been an increase in the value of an Estate asset from the probate valuation to

The issue of interrelationship between reasonableness of costs and whether costs are proportional is addressed in Cook on Costs—2015 edition at [27.21] which states: 'Whilst the Form N260 requires the provision of information by reference to hourly rate and time spent by solicitors, remember that once the court has gone through the challenges and determined what is reasonably incurred and reasonable in amount it must, on standard basis assessments, then step back (whether or not the parties request it to do so) and determine whether the sum so assessed is proportionate. If it is not then under CPR 44.3(2) it will then reduce the costs further by reference to the definition in CPR 44.3(5) to such sum as it deems to be proportionate. Increasingly, therefore, an in depth consideration of hourly rate may not determine the ultimate outcome of the summary assessment.' This approach can be seen

Law firms will often hold money on behalf of clients and, usually, client money will be used in the process of carrying out the matter or returned to the client. However, this is not always the case and sometimes there will be money left over in circumstances where the client has become untraceable or where it has not been possible to return the money to the client. This is a residual balance. Law firms have an obligation to safeguard client money and assets. You must ensure client money is returned promptly to the client, or third party for whom the

Cautions against first registration A caution against first registration provides protection for an interest which affects unregistered land. The existence of a caution against first registration requires the Land Registry to notify the person who has applied for it (referred to as ‘the cautioner’) if an application is made to the Land Registry for first registration of the legal estate which is affected by the cautioner’s interest. That ensures that the cautioner has the opportunity to object to the application for first registration. Pursuant to section 15 of the Land Registration Act 2002 (LRA 2002), a person may apply for a caution against first registration if they are the owner of any of the following legal estates or are entitled to an interest affecting one of these estates: • an estate in land • a rentcharge • a franchise • a profit à prendre in gross The Land

It is possible to assign a contingent interest in a settlement, that is a future interest which is deferred until a preceding interest in trust property ends, but at present it is uncertain as to whether it will take effect at all. A reversionary interest generally means an interest in a settlement which reverts back to the settlor on the occurrence of a future event or on the end of a prior interest in the settlement. A reversionary interest is given a wider meaning by section 47 of the