Crown Proceedings Act Section 18 of the Crown Proceedings Act 1947 (CPA 1947) sets out the requirements for documents required to be served on the Crown in relation to civil proceedings. That section states: 'all documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown shall, if those proceedings are by or against an authorised Government department, be served on the solicitor, if any,

Broadly, UK diplomats serving overseas are subject to the rules regarding residence and domicile for UK tax purposes, as are set out in: Residence of individuals—overview and Domicile of individuals—overview. If the individual is non-UK resident, then they will be taxed on the same principles as other non-residents, these principles are summarised in Domicile of individuals—overview. A key exception to this general rule is set out in section 28 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), which renders general earnings from Overseas Crown Employment subject to UK income tax. Crown employment is defined as any office or employment under the Crown which is of a public nature, where the emoluments

For the purposes of this Q&A, it is assumed that reference is being made to appeals (under section 299 of the Proceeds of Crime Act 2002 (POCA 2002)) against cash forfeiture order made under POCA 2002, s 298. Forfeiture under POCA 2002, s 298 Where cash has been seized under POCA 2002, s 295, or where the cash is detained under POCA 2002, ss 297C or 297D, a Magistrates’ Court may order the forfeiture of cash or any part of it under POCA 2002, s 298, if satisfied that the cash is recoverable property or is intended for use in unlawful conduct. Forfeiture proceedings in the Magistrates’ Court are civil, rather than criminal, in nature. A forfeiture order is in effect an action in rem, that is to say against the property rather than against the person. For more information, see Practice Note: Forfeiture of cash by court order. Appeals against forfeiture orders made under POCA 2002, s 298 Procedural

All law firms have a professional obligation to comply with applicable anti-money laundering (AML) legislation, ie the Proceeds of Crime Act 2002 (POCA 2002), the Terrorism Act 2000 (TA 2000) and, if applicable, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. A nominated officer is a person who is nominated to receive suspicious activity reports (SARs) under TA 2000 or POCA 2002. Money Laundering Regulations 2017 The MLR 2017 require you to appoint a nominated officer. Whether the MLR 2017 apply to your firm depends on: • the type of services you provide, and • your business model Not all firms have to appoint nominated officer. Compulsory appointment of nominated officer You must appoint a nominated officer if the MLR 2017 apply to your business, ie you are: • a relevant person • acting in the course of business in the UK • not subject to one of the very narrowly drawn

There is no specific form prescribed under section 173A of the Town and Country Planning Act 1990 (TCPA 1990) that a local planning authority (LPA) must complete in order to withdraw an enforcement notice. The legislation provides the LPA with the power to withdraw an enforcement notice it has issued,

The jurisdiction of the courts of England and Wales is linked to where a child is determined to be habitually resident. As per Re B (A Child) at para [27], a child’s habitual residence in a state is the internationally recognised threshold as to the vesting in the courts of that state of jurisdiction to determine issues in relation to the child. The identification of a child’s country of habitual residence is overarchingly a question of fact (per Re B (A Child) at para [46]). It will depend on the facts of the particular case, and there is no set timetable that can be referred to or a set time that has been laid down by the courts or by legislation. Lord Wilson

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 1 sets out the overriding objective, which is to enable the court to deal with cases justly having regard to any welfare issues involved. The court must further the overriding objective by actively managing cases. Active case management includes setting timetables or otherwise controlling the progress of the case. The

In drafting a Will the two most important issues to consider are: • knowledge and approval of the contents of the Will, and • the requirement of the testator’s capacity to make a Will These are conceptually distinct matters and the Will drafter must satisfy themselves on both. Whether a person who is making a Will requires other considerations may well depend on the circumstance of each case. For instance the instructions given by a third party

The implementation of a pensions sharing order takes place in accordance with section 34(1) of the Welfare Reform and Pensions Act 1999 (WRPA 1999), ie implementation must take place within a four-month period beginning on the later of: • the date of the transfer day, Pensions—glossary — Transfer day • the date the person responsible for the pension arrangement (PRPA)

In answering this Q&A, it has been assumed to be a breach notification under the Genaral Data Protection Rules, and the threshold for informing data subjects of a personal data breach, which is discussed further in Practice Note: How to manage a personal data breach, has not been discussed. Article 34 of the GDPR provides that where a personal data breach is likely to result in a high risk to the rights and freedoms of data subjects, the controller must communicate the breach to those data subjects without undue delay. When informing the data subject of the personal

Standard restrictions A restriction appears in the proprietorship register and indicates that the proprietor's powers of disposition are fettered in some way. The Land Registration Rules 2003 specify standard forms of restriction at Schedule 4 (Land Registration Rules 2003, SI 2003/1417, r 93(a), Sch 4). There does not appear to be a form in

The Loan Market Association (LMA) published a precedent form of facility agreement for use in real estate finance development transactions in 2013. For more information, see Lexis®PSL news analysis: LMA real estate finance development facility agreement. The facility agreement and associated user guide are available to LMA members via the LMA website. The LMA's documentation is recognised throughout the corporate loans market as being the market standard (Lexis®PSL does not therefore publish a precedent development finance agreement