Section 19 of the Housing Act 1985 (HA 1985) provides (by virtue of HA 1985, s 19(1)): ‘A local housing authority may appropriate for the purposes of this Part any land for the time being vested in them or at their disposal; and the authority have the same powers in relation to land so appropriated as they have in relation to land acquired by them for the purposes of this Part.” Subsection 19(2) goes on to provide that: “Where a local housing authority have acquired or appropriated land for the purposes of this Part, they shall not, without the consent of the Secretary

We are not aware of any specific guidance as to whether or not unopposed proceedings under the Landlord and Tenant Act 1954 (LTA 1954) would constitute a claim for the purposes of an application for security for costs. CPR 25.12 states that: ‘A defendant to any claim may apply under this Section of this Part for security for his costs of the proceedings.’ ‘When determining whether this requirement is met requires a consideration as to what is meant by any ‘claim’ and ‘the proceedings.’ The issue of what constitutes a claim was considered in JSC VTB Bank v Skurikhin where it was held that a bank was not entitled to an order under CPR 25.12(1) granting it security for its costs in defending an application

Is security for costs available against a company prior to starting proceedings? Security for costs is only available when there are actual court proceedings. It is not available pre-action. Although pre-action costs can be recovered in litigation and may, therefore, form part of an application for security, there is little that defendants can do to protect themselves regarding pre-action costs if there is no subsequent litigation. For guidance on recovering pre-action costs, see Practice Note: Pre-action—costs recovery. Just because a company is based abroad in a non-convention state, is security for costs automatically granted? Pursuant to CPR 25.13, a court may make an order for security for costs if: ‘it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order, and… one or more of the conditions

The fact that a defendant is represented by a solicitor does not mean that the claim form must be served on the solicitors. The general rule is that the claim form can only be served on the defendant’s solicitors if the defendant, or their solicitor, has provided written notification that the solicitors are instructed to accept service; the fact that the defendant is

In the absence of a breach of the terms of the tenancy agreement, an assured shorthold tenancy is brought to an end by the landlord giving notice under section 21 of the Housing Act 1988 (HA 1988) and by the execution of a possession order made by the court (see HA 1988, s 5(1)(a)). After the observations of Lewison LJ in Spencer v Taylor, the better view is that if the tenancy is or has at some time been held under a fixed term, then providing the only other tenancy to have arisen is the statutory periodic one under HA 1988, s 5, the notice must comply with the requirements of section 21(1), that is to say, give at least two months' notice. Where the tenancy has only ever been a periodic tenancy, then the notice must comply with HA 1988, s 21(4), giving at least two months’ notice expiring on the last day of a period of the tenancy. Common to both subsections, however, is the requirement

It is important to note at the outset that there could be specific provisions which apply dependant on the type of application being made and the court in which such application is being heard. Careful reference should therefore be made to any relevant Civil Procedure Rules 1998 (CPR), Practice Direction (CPR PD) or court guide (see Practice Note: Court guides and other guidance). In answering this Q&A we have limited the response to deal with the generic position in respect of application notices. Court documents to be sealed The general position is set out in CPR 2.6, which provides: ‘(1) The court must seal the following documents on issue— (a) the claim form; and (b) any other document which a rule or practice direction requires it to seal.’ Application notices CPR 23 sets out the general rules about applications. In particular, CPR 23.3(1) states the general rule that an applicant must

Law of Property Act 1925, s 196 In the context of a lease, section 196 of the Law of Property Act 1925 (LPA 1925), is often expressly incorporated and will also apply where a lease is silent on service—see Practice Note: Break clauses and notices—service under the heading ‘Specific statutory regimes’. There are exceptions to this, for example LPA 1925, s 196 has to be expressly incorporated into a tenancy agreement and made applicable to the service of a notice to quit, as it would not otherwise apply to such a notice. Unless specifically applied to a notice to quit by a contractual agreement, LPA 1925, s 196 only applies to notices ‘required’ to be served, as opposed to notices ‘required or authorised’ to be served (LPA 1925, s 196(5)). See the commentary: Service of notice: Hill and Redman's Law of Landlord and Tenant [4489]. A notice served to an address outside the UK will not be validly served

Section 439A of the Companies Act 2006 (CA 2006) gives shareholders of a listed company a binding vote, by way of ordinary resolution, on the directors’ remuneration policy. The remuneration policy must be put to shareholders whenever a new policy, or an amendment to the existing policy, is proposed and in any event at least every

The articles of association of a company will usually give the directors general power to manage the company. For example the Model articles—private limited company—after 28 April 2013 provide: ‘Subject to the articles, the directors are responsible for the management of the company’s business, for which purpose they may exercise all the powers of the company.’ The articles of association should therefore be checked to see whether they contain such a power and whether there are any limitations that would restrict the company’s

If the individual making the loan and taking a charge over company property is a director of the company (or its holding company), the transaction may (depending on the particular facts) amount to a substantial property transaction (SPT) requiring shareholder approval by ordinary resolution under sections 190 to 194 of the Companies Act 2006 (CA 2006). The CA 2006 contains provisions that restrict and control SPTs entered into between a company and its directors. The term SPT includes an arrangement under which a substantial non-cash asset is acquired or is to be acquired

PI & Clinical Negligence analysis: Harry Lambert, a barrister at Outer Temple Chambers, considers some key questions: is social media a 'product' at all, and how might claims be brought against its platforms?

As set out in the section: ‘SSP—definition of employee’ of Practice Note: Sick pay, the right to statutory sick pay (SSP) is determined by reference to an individual’s employment status for tax, rather than employment law, purposes. There are three possible types of status for employment law purposes: an individual may be an employee, a worker or self-employed. In contrast, there are only two possible types of status for tax purposes: an individual is either employed or self-employed. Provisions relating to the right