The Insolvency Proceedings (Fees) Order 2016 (IP(F)O 2016), SI 2016/692 is very clear, that the official receiver is entitled to 15% of chargeable receipts realised by the official receiver in its capacity as either trustee in bankruptcy or liquidator of a company in compulsory liquidation. No further definition is given of 'chargeable

Only the national authority (the Secretary of State in England, the Welsh and the Scottish Ministers in Wales and Scotland respectively) can authorise a longer period than six months. By virtue

The starting point is that the Landlord and Tenant Act 1954 (LTA 1954) applies to any tenancy of property which is, or includes, premises which are occupied by the tenant for the purposes of a business carried on by them (LTA 1954, s 23(1)). The definition of business is wide and includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate (LTA 1954, s 23(2)). Hence, unless the parties agree to exclude the tenancy from the operation of the Act, by serving the necessary notices before the tenant becomes bound to enter into it, it will be seen

Demolition to any extent of a party wall by an adjoining owner can only be carried out if authorised by section 2 of the Party Wall etc Act 1996 (PWA 1996), eg where it is in need of repair

Under section 214(1) of the Housing Act 2004 (HA 2004), where a landlord fails to comply with the initial requirements of a tenancy deposit scheme (TDS) and/or does not provide the tenant with the prescribed form within the specified time limit (ie 30 days of receipt of the deposit) (HA 2004, s 213(3) and (6)) and/or informs the tenant that a TDS applies, but

This Q&A assumes that the property is not a listed building. If it is, listed building consent is likely to be needed for the installation of air conditioning units, and there is no limitation period on enforcement of listed building control. The starting point for any question about the period for enforcement action is to identify whether there has been a breach of planning control and if so what that ‘consists in’ to adopt the language of section 171B of the Town and Country Planning Act 1990 (TCPA 1990), which states: '(1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations

In relation to evidence, first consideration should be given to the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 27.10, provides that proceedings to which FPR 2010 apply will be held in private except where FPR 2010 or any other enactment provides otherwise or, subject to any enactment, where the court directs otherwise. A hearing held in private means proceedings at which the general public have no right to be present (FPR 2010, SI 2010/2955, 27.10(2)). FPR 2010, PD 12G covers the communication of information relating to children proceedings

Restructuring & Insolvency analysis: What action needs to be taken to stabilise the personal insolvency regime? Louise Brittain, partner at Wilkins Kennedy, highlights the major sticking points in the current system.

Reserved legal activities Section 13 of the Legal Services Act 2007 (LSA 2007) restricts who may carry on reserved legal activities to persons who are: • authorised by one of the approved legal services regulators listed in LSA 2007, Sch 4 or • exempt under LSA 2007, Sch 3, which sets out tailored exemptions for each reserved legal activity, or • (under transitional provisions that are still in force) non-commercial bodies (eg not-for-profit bodies and trade unions) The reserved activities are set out in LSA 2007, s 12 and the scope of each activity is set out in LSA 2007, Sch 2. The reserved activities are: • the exercise of a right of audience • the conduct of litigation • reserved instrument activities, eg conveyancing • probate activities • notarial activities • the administration of oaths The Legal Services Board

Every postal application for a grant of representation, other than a resealing, must be made using an application form PA1P (where there is a Will) or PA1A (where there is not a Will). Currently there are separate versions of each form for practitioners and lay applicants, but these are due to be merged shortly so that one version of each application form will be available for practitioners and lay applicants alike. See Practice Notes:

A rentcharge is a sum payable by the owner of land to another person who has no legal interest in that land, and thus is distinct from ground rent, which is payable by a leaseholder to a freeholder. Rentcharges were often put in place to enable development on land without payment by the developer to the landowner of a premium for the land, the landowner instead receiving income from the land. The Rentcharges Act 1977 (RA 1977) abolished new rentcharges, subject to limited exceptions, and provided for the extinguishment of most existing rentcharges by 2037 (RA 1977, s 3). One of the retained exceptions is an estate rentcharge. An estate rentcharge is a charge created to make covenants by the owner of the land enforceable by the rent owner; or

The procedure for removal of a director by ordinary resolution under section 168 of the Companies Act 2006 (CA 2006) is the same whether the company is limited by shares or guarantee. The section, which requires ‘special notice’ (ie, not less than 28 days’ notice of the intention to move the resolution) to be given to the company, cannot be overridden