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

The question This Q&A deals with the delegation of trustees’ powers. The specific question is whether trustees are able to delegate the management of trust assets to a company which belongs to the beneficiary of a trust. Delegation of trustees’ powers The general principle that evolved in the authorities was that trustees must not delegate their duties or powers to a third party or co-trustee, subject to certain exceptions. The exceptions include if delegation was permitted by the trust instrument or the trustee could not carry out the act himself or if the relevant task was only ministerial and an agent would normally be employed by an ordinary prudent man of business. This could include management of the trust assets, such as a broker dealing with the investments in the trust: see Speight v Gaunt . The principles regarding delegation are now mainly governed by statute. Any exercise of these powers

The choice of a private limited company name, whether on incorporation or on a subsequent change of name, is subject to a variety of requirements and restrictions, which include, under the Companies Act 2006 (CA 2006), s 59 that the name of the private limited company must end with the word 'limited' ('cyfyngedig' may be used in the case of a Welsh company and appropriate abbreviations ('Ltd' or 'cyf') may be used). This

The wording ‘arising under or in connection with' is common in many limitation of liability clauses. Precedent: Software licence—pro-supplier, uses the following formulation: ‘The extent of the Supplier’s liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall be as set out in this clause 12’. As the drafting note to that clause explains: • it is important to describe the general scope and extent of any limitations of liability because any ambiguities are construed strictly against the party seeking to rely on them (the contra proferentem rule) • the words ‘under or in connection with the