The powers of the Home Secretary to regulate the entry and residence of foreign nationals, while originally founded in the Crown’s prerogative powers, are now almost entirely set out in statute and subordinate legislation, notably the Immigration Rules. Discretion remains a feature of UK immigration control, but it may only be employed where the outcome for the individual or organisation affected is more advantageous than it would be under statute and rules. The source of this well recognised discretion, prerogative or statute, while largely of academic interest, has been the subject of debate over the years. The authors of The prerogative: Macdonald's Immigration Law and Practice [1.36] express the following view: ‘Our view has consistently been

We have assumed that all relevant parties are UK resident companies. We have also assumed the following scenario: • X Ltd owes money to Y Ltd, but not as a result of the lending of money (it could be because Y Ltd previously supplied X Ltd with goods or services that have not been paid for). This is a debt, and debts are assets for chargeable gains purposes. However, as the debt did not arise from a transaction for the lending of money, it is not a loan relationship for the purposes of the corporate debt rules, and also not a qualifying corporate bond (QCB) for the purposes of the chargeable gains rules • Y Ltd assigns the debt to Z Ltd. Assuming that the debt is not a debt on a security, this will not result in a chargeable gain for

Broadly, accounting records are records of financial transactions of the company itself, or transactions between the company and others, which may be used as a basis for preparing a company’s annual statements of account, being its annual reports and accounts (annual accounts). Accordingly, a company's accounting records will consist of a greater number of documents, and more detailed information, than its annual accounts. Under section 386 of the Companies Act 2006 (CA 2006), all companies are required to maintain adequate accounting records. These must include enough information to show and explain the company’s transactions, and be capable of disclosing with reasonable accuracy the financial position of the company at any time. For more information, see Practice Note: Accounting records. CA

In undertaking your research we suggest that you consider the following: • the statutory duty of a personal representative as set out in section 25 of the Administration of Estates Act 1925, ie the executor’s duty to collect and get in the deceased’s estate and administer it according to the law • Case: Cancer Research Campaign v Ernest Brown & Co (a firm). As set out in the case summary: ‘N died on 11 December 1986 leaving a will dated 21 October 1985 giving his residuary estate to his sister, the testatrix, who died on 28 May 1988. The plaintiffs, seven charities named as residuary beneficiaries under the testatrix’s will dated 14 September 1987, brought an action for damages for negligence against the defendant firm of solicitors, who had acted for the testatrix in connection with the preparation of the will, and P, a legal executive employed by them and an executor of both wills. The plaintiffs

There is no duty to serve expert evidence when issuing proceedings. The duty to serve expert evidence in a claim for personal injury arises at the time of service of the Particulars of Claim (see CPR 16PD, para 4.3): ‘Where the claimant is relying on the evidence of a medical practitioner the claimant must attach to or serve with his particulars of claim a report from a medical practitioner about the personal injuries which he alleges in his claim.’ The

The slip rule is a mechanism by which a judgment or order can be amended under the slip rule in circumstances whereby an error has been made. Under CPR 40.12: • the court may at any time correct an accidental slip or omission in a judgment or order • a party may apply for a correction without notice The slip rule can only be used to amend a typographical error or an accidental omission, not to insert additional clauses to an order. If there has been a substantive error, this will need to be appealed. In Vucicevic and another v Aleksic and others the applicant sought to amend an order from 2007 to insert details of a property for land registration purposes. See News Analysis: High Court provides further clarification of ambit of ‘slip rule’ under CPR 40.12 (Vucicevic v Aleksic). The court refused

Is there a fee for filing a pre-trial checklist? Practice Note: Fast track—case management considers specific case management provisions for cases allocated to and proceeding on the fast track under CPR 28 and CPR PD 28. Specifically, under the heading ‘Fast track—case management—Pre-trial checklists (Listing questionnaires)’. The court fee for filing a pre-trial checklist is currently £545. This is usually payable by the claimant but there are circumstances where the defendant may be liable to pay. This includes where the claim is proceeding on the counterclaim alone (see Practice Note: Court fees in civil proceedings and notes accompanying Fee 2.1 on the Court Fees Schedule from 25 July 2016 accessible through this Practice Note). Note: failure to pay the fee at the required time could lead to an order striking out the statements of case (CPR 3.7 and CPR 3.7A). The fee-paying

There is no fee for submitting a Notice of Change of Solicitor (Form N434). For information on changing solicitor generally, please see our Practice

Under section 158 of the Consumer Credit Act 1974 (CCA 1974), a credit reference agency is required to provide a consumer a copy of the file relating to it kept by the agency upon receiving:

Fiduciary relationships Certain specific relationships automatically give rise to a fiduciary duty—these include trustee and beneficiary (see Practice Note: Trustees—duties), solicitor and client, principal and agent, (see Practice Note: Relationship of principal and agent) company directors (see Practice Note: Fiduciary duties of directors) and mortgagor and mortgagee. A buyer/seller relationship does not automatically give rise to such a duty. We are not aware of any caselaw in which the court has considered whether a seller has a fiduciary duty towards the buyer in the sale of goods. However

A new home warranty is, in effect, an insurance policy that applies to newly built homes. The developer takes out the warranty, but the homeowner takes the benefit. Such policies are usually put in place for ten years. There are several providers of such warranties, with the National House Building Council being the most common in respect of private developments. The New Homes Quality Code and the Consumer Code for Home Builders applies to such warranties. The warranty provides cover for several issues. Between exchange and completion, the warranty will

In short, the answer is no: there can be no simple definition of the ‘equity’ and the equitable jurisdiction to grant an injunction.   In broad terms ‘equity’ refers to an ethical conception of justice that intervenes to supplement and qualify the rigours, constraints or defects of the common law to avoid an unjust result. Expressed by reference to ‘conscience’, ‘reason’ and ‘good faith’, it enabled the equity judge to decide a case sensitive to its special needs. Developed from the special equity jurisdiction of the Court of Chancery before they it was abolished by the Judicature Acts of 1873 and 1875, and evolving since then, ‘equity’ corresponds to a unified body of principles, doctrines, rules and remedies we now know today.   The courts of equity developed the original and inherent jurisdiction to prevent what it considered an injury by the remedy (or writ) of an injunction