STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Once a statutory demand is served on a debtor, they have 21 days to pay the debt demanded, or secure it or compound it to the creditor’s satisfaction. Should the debtor fail to do this (and the statutory demand has not been set aside and there is no application outstanding to set the statutory demand aside), the creditor will be entitled to present a bankruptcy petition against the debtor. There is no statutory time limit within which a bankruptcy petition must be presented to court after service of a statutory demand, and so in theory you could present a bankruptcy petition

The usual time limits within which enforcement action may be taken for a breach of planning control are contained in section 171B of the Town and Country Planning Act 1990 (TCPA 1990), see the section ‘Enforcement time limits—considering whether immunity from enforcement can be established’

Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. However, the case of Lowsley v Forbes considered the wording of LA 1980, s 24 (in the context of a claimant seeking to enforce a judgment, including by way of a charging order, 11 years post judgment). The interpretation applied by the House of Lords in this case was that the reference in LA 1980, s 24(1) to ‘action’

We are not aware of any authority on this specific point. It appears that there is nothing within the Schedule 1 of Academies Act 2010 (AcA 2010), or the Academies (Land Transfer Schemes) Regulations 2012, SI 2012/1829 which states that there is a specified time limit in which a disposal must take place following the consent of the Secretary of State. AcA 2010, Sch 1 (as substituted) provides powers for the Secretary of State to provide land for academies and to control their use and disposal of it. The Academies (Land Transfer Schemes) Regulations 2012, SI 2012/1829 contains provisions relating to the making of a transfer scheme in relation to land for the purposes of an academy under AcA 2010, Sch 1, para 1 or

The procedure under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 for making a general application may be used if the application is made in the course of existing proceedings, to start proceedings except where prescribed otherwise in the rules and in connection with proceedings which have been concluded. FPR 2010, SI 2010/2955, Pt 18 is supported

The starting point is to review the terms of the overage agreement. It may require the beneficiary of the restriction to provide the RX4 within a specified period. In the absence of a contractual obligation, there is nothing in the Land Registration

An administrative receiver is generally appointed by the holder of a floating charge that is dated prior to 15 September 2003 and secures the whole (or substantially the whole) of the property of the company over which he is appointed. As a result, instances of administrative receivers being appointed is becoming less and less common. The principal duty of an administrative receiver is to realise property of the company to repay the indebtedness owed to the secured creditor who appointed him. Although an administrative receiver must settle debts due to preferential creditors, he cannot make any distribution to the company’s

Where, following the termination of an agreement to marry, an application is made under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) to confer upon a judge of the High Court or Family Court the power to settle disputes between the parties about property as if they were married; section 2(2) of the Law

An employee's contract of employment may contain provisions entitling him to be paid during any periods of sick absence. An employer does not have to agree to any contractual terms entitling his employees to sick pay. However, if he does agree to such terms then they must be included in any written statement of particulars provided to the employee (see Practice Note: Written statements of employment particulars—to 5 April 2020 [Archived]). There is no general presumption of a contractual right to sick pay, but a term may be implied in some circumstances even where there has been no express agreement. Typically, the contract of employment will specify the duration of any entitlement to sick pay. However, where there is a contractual entitlement to sick pay but no duration is specified, a reasonable duration will be implied into the contract. For further information, see Practice Note: Sick pay—Contractual sick pay and Harvey on Industrial Relations and Employment Law—Sick pay (6). Clause

The usual route for parents applying to join their children in the UK is contained within Appendix FM to the Immigration Rules (IR). The relevant rule in entry clearance applications states as follows: ‘Section E-ECPT: Eligibility for entry clearance as a parent E-ECPT.1.1. To meet the eligibility requirements for entry clearance as a parent all of the requirements in paragraphs E-ECPT.2.1. to 4.2. must be met. Relationship requirements E-ECPT.2.1. The applicant must be aged 18 years or over. E-ECPT.2.2. The child of the applicant must be— (a) under the age of 18 years at the date of application; (b) living in the UK; and (c) a British Citizen or settled in the UK.’ (emphasis added) As confirmed in the IR, the child must be living in the UK for a parent to

Forfeiture is a remedy which entitles a landlord to bring a lease to an end for a breach. For all breaches other than arrears of rent, the landlord must give the tenant the opportunity to remedy the breach, which is done by the service of a notice pursuant to section 146 of the Law of Property Act 1925. There is no requirement to serve such a notice where the breach is that rent is in arrears. The right to forfeit will only arise if there is a forfeiture clause in the lease, but this will be the case in respect of virtually all commercial lets. Forfeiture is not automatic. Rather, the landlord can elect to exercise the right by the doing of an act which

Under section 693 of the Companies Act 2006 (CA 2006), a limited company may only carry out an off-market share buyback (that is not for the purposes of, or pursuant to, an employees' share scheme) pursuant to a contract that is approved in accordance with CA 2006, s 694, before the share buyback takes place. An ordinary resolution of a company’s shareholders is required to approve such a share buyback contract, unless the company’s articles of association require a higher majority or unanimity. Where a contract in relation to a proposed off-market share buyback is to be approved by a company in general meeting, CA 2006, 696 requires a copy of the contract (if it is in writing) or a memorandum setting out its terms (if it is not) to be made available to shareholders. It must be available for inspection at the company's registered office for not less than