We do not have a standard form of wording of this kind on Lexis®PSL. These sorts of situations tend to be highly fact specific, and the advice given to the client will depend on a number of factors including the: • nature of the work being carried out • scope of work for the matter in question • stage the matter has reached, and • identity and level of sophistication of the client Areas for consideration might include: • whether the client’s instructions will cause the firm or solicitor to breach any of the Solicitors Regulation Authority principles and therefore whether the firm can continue to act at all—for example, the duties to uphold the

The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (TP(FTT)(PC)R 2013), SI 2013/1169, r 13 (as amended) makes provision for the First-tier Tribunal (FTT) to make orders for costs. The powers of the FTT to make such orders are limited: wasted costs orders can be made but otherwise costs can be ordered only if a person has acted unreasonably by bringing, defending or conducting proceedings in an agricultural land and drainage case, a residential property case, a leasehold case or a land registration case. Additionally the FTT can order the reimbursement of any fees paid. The

There is no standard wording required to satisfy the conveyancer’s certificate requirement. Guidance on this issue can be found with the Land Registry Practice Guide 19: notices, restrictions and the protection of third party interests in the register, which states: ‘a certificate given by a conveyancer confirming that they are satisfied that person is entitled to

Once the employer has provided employees with the information necessary to enable them to make a decision whether to opt into a salary sacrifice scheme, the employer should give the employees sufficient time to consult with their own advisers and ask relevant questions etc. Just as the level of information to be communicated to the employee is likely to vary depending on the nature

The term ‘council housing estate’ There is no statute which defines the term ‘council housing estate’ or ‘council estate’. This may be due to the fact that council housing and the development of council housing estates has taken place over by time by piecemeal reforms which have been introduced by different pieces of legislation. This has meant that the construction of housing by public authorities did not begin with a concerted effort to create the modern idea of a council housing estate. The concept of council housing is usually traced back to the Housing, Town Planning, etc.

The Limited Liability Partnerships Act 2000 and the Limited Liability Partnerships Regulations 2001 (LLP Regs 2001), SI 2001/1090 do not specify the mechanics for the passing of member resolutions and in the absence of an agreement between the members, the default position is: • every member may take part in the management of the limited liability partnership (LLP) (ie, every partner is eligible to play an equal part in

This Q&A focuses on the definition of ‘connected with’ for the purpose of an administration and a proposal for a company voluntary arrangement (CVA). The definition of ‘associate’ of the debtor for the purpose of a proposal for an Individual Voluntary Arrangement is not considered. Approving an administrator’s proposals A decision to approve an administrator’s proposals is passed if the majority in value of those creditors presently voting in person, or by proxy, has voted in favour. A resolution will be invalid if those voting against it include more than half in value of the creditors who constitute

We assume you are referring to the determination of the appropriate person to bear responsibility for remediation under section 78F of the Environmental Protection Act 1990 (EPA 1990). ‘Sold with information’ exclusion test The contaminated land regime places a statutory duty on local authorities to identify ‘contaminated land’ in their area and to secure remediation. See Practice Note: Contaminated land—local authority duty to inspect land. If a site is investigated or designated as contaminated land, the local authority will look first for any Class A ‘causers’ or ‘knowing permitters’. If no Class A persons can be found, the current Class B owner or occupier will be liable. See Practice Note: Contaminated land—who may be liable? The local authority will try to

There does not appear to be a specific authority on the point raised in this Q&A. Appointeeship Where a person is in receipt of income from state benefits (which includes tax credits) and has no capital which justifies the appointment of a deputy, the Secretary of State can appoint someone ('the appointee') to collect such benefits on his behalf. Regulation 33 of the Social Security (Claims and Payments) Regulations 1987, SI 1987/1968, provides that an appointment can be made where 'a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and that person is unable for the time being to act; and no deputy has been appointed by the Court of Protection with power to claim

Property in England and Wales is held on a trust of land. This means that the person in whose name the property is in (the legal owner) holds the property on trust for the beneficial owner. Ordinarily they are one and the same and there is a presumption to this effect (see generally Stack v Dowden and Jones v Kernott). The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) provides the court with the power to exercise the power of the legal owners as trustees. This can include the regulation of the occupation of the property, its renting out or its sale. TOLATA 1996, s 14 entitles any person who is a trustee of land or has an interest in property subject to a trust of land to make an application to the court for an order relating to

This Q&A assumes that the settlement in question is a discretionary trust and all of the beneficiaries within the discretionary class have died, never existed or can never come into being. Trustees are bound to act within the terms of the settlement. See Practice Note: Trustees—duties. They are therefore unable to use the trust fund to benefit any persons whom the settlor did not include as beneficiaries or potential beneficiaries within the settlement terms. Therefore, if no beneficiaries exist and it is impossible for any potential beneficiaries (such as future children or grandchildren of a specified

Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982) covers the enforceability by local authorities of certain covenants relating to land. It applies where a principal council and any other person are parties to an instrument under seal which is executed for the purpose of securing the carrying out of works on land in the council’s area in which the other person has an interest, or for the purpose of regulating the use of, or is otherwise connected with, land in or outside the council’s area in which the other person has an interest, and is not executed to facilitate, and is not connected with, the development of the relevant