We have been unable to find any details of potential recourse against the Royal Courts of Justice (RCJ) if the Central Registry of winding-up petitions gives an incorrect response. We have been unable to identify any statutory requirement to provide the Central Registry of winding-up petitions which in turn might have advised on the potential recourse against the court. It may be that the court provides the service to help manage requests to see the court files. However, you may find the following information about the service useful: The main problem with searching the Central Registry is that, when winding-up petitions and administration applications are filed with or presented to a District Registry or the County Court, these may not always be notified

The cirumstances created by the coronavirus (COVID-19) pandemic raise particular challenges for the creation of lasting powers of attorney (LPAs) due to their strict execution requirements, with the donor, their certificate provider(s) and each attorney and replacement attorney being required to sign the LPA form in the presence of a witness. For detailed guidance on LPA execution formalities, see Practice Note: Creating a valid LPA—Execution requirements. The creation of electronic LPAs has been the subject of much discussion and consultation over the years. The 2013 Ministry of Justice consultation Transforming the Services of the Office of the Public Guardian—enabling Digital by Default stated that it was the Office of the Public Guardian’s (OPG’s) ambition to deliver a fully digital process for making and registering an LPA, where the whole process could be completed online, removing the need for paper forms. However, these proposals received strong criticism from leading professional bodies and the consultation was consequently

An employer is generally only liable for its employees, and not for the actions of an independent contractor. However, this general rule is qualified by some significant exceptions. For example, an employer ‘may’ become liable for an independent contractor when: • the employer has expressly authorised the contractor to commit the tort (Ellis v Sheffield Gas Consumers Co (1853) 17 JP 823 (not reported by LexisNexis®)) • where the breach is really attributable to the defendant employer, as it is a breach of the employer’s primary, and non-delegable, duty to provide a safe place

A non-European Economic Area (EEA) family member of a qualifying EEA citizen will most commonly acquire a right of permanent residence in a Member State with reference to Article 16.2 of Directive 2004/38/EC (the Citizens' Directive), after completing five years’ continuous residence in that State. A permanent right of residence will only be lost in limited circumstances: • in accordance with Article 16.4 of Directive 2004/38/EC, ‘[Once] acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.’ • under Article 21 of Directive 2004/38/EC, ‘Continuity of residence is broken by any expulsion decision duly enforced against the person concerned.’ Chapter VI of the Citizens’ Directive explains when an individual may be expelled

There is no legal requirement for the majority of trustees of a charity registered with the Charity Commission to be resident in England or Wales. Subject to any restrictions in the governing document and eligibility, you can appoint someone resident outside of the UK as a charity trustee, including non-British citizens, British citizens living abroad, individuals on temporary visas, and asylum seekers living in the UK. All charity trustees must meet the eligibility criteria. Under charity law, individuals must not be disqualified from serving as trustees (disqualifications include convictions for certain offences, being on the sex offenders register, bankruptcy, or removal from previous trustee roles for misconduct). Trustees must also meet minimum age requirements and, where relevant, undergo Disclosure and Barring Service (DBS) checks. Before appointing any new trustee, it’s essential to follow Charity Commission guidance on verifying eligibility and conducting due diligence. The Charity Commission

Foundation schools are described by section 21 of the School Standards and Framework Act 1998 (SSFA 1998) as being: ‘…(a) those having a foundation established otherwise than under the 1998 Act; (b) those belonging to a group of schools for which a foundation body acts under s 21 of the 1998 Act; and (c) those not falling within either of paragraphs (a) and (b).’ Foundation trust schools are described by SSFA 1998, s 23A as one which ‘has a foundation’ and: • was established as

CPR 21.3 states: ‘21.3 Stage of proceedings at which a litigation friend becomes necessary (1) This rule does not apply where the court has made an order under rule 21.2(3). (2) A person may not, without the permission of the court— (a) make an application against a child or protected party before proceedings have started; or (b) take any step in proceedings except— (i) issuing and serving a claim form; or (ii) applying for the appointment of a litigation

Requirement to serve a schedule of dilapidations Under paragraph 3.1 of the Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (the 'Dilapidations Protocol') the landlord is required to serve a schedule of dilapidations on the tenant where there is a claim for damages for dilapidations against the tenant at the termination of a commercial tenancy: ‘The landlord should send the tenant a schedule in the form attached at either Annex B or C. It should set out what the landlord considers to be the breaches, the works required

The ordinary methods of disposing of a human body after death are by cremation or burial, but other methods are not forbidden. The law does not require that interment or the scattering of ashes should

This Q&A assumes that the reference to a Post Study Work visa is to a Graduate visa. The Tier 1 (Post-study work) category was closed in 2012. As set out in the Practice Note Residential tenancies—a tenant's right to rent under the Immigration Act 2014, section 22 of the Immigration Act 2014 (IA 2014) provides that in England 'A

Wasted costs orders are orders made against legal representatives under section 51(6) of the Senior Courts Act 1981 (SCA 1981) to disallow legal costs claimed by a legal representative against their client, or an order that a legal representative themselves meet wasted costs. Such orders are governed by the Civil Procedure Rules 1998 (CPR), specifically CPR 46.8, which are applied in family cases by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2(1). The latter rules provide that, save where FPR 2010, SI 2010/2955, 28.3 applies, CPR 46 (inter alia) applies to costs in proceedings. FPR 2010, SI 2010/2955, 28.3 disapplies the general rule that costs follow the event, but does not disapply CPR 46.8. By CPR PD 46, para

The temporary increase in the nil rate band for SDLT applies to transactions with an effective date that falls within the period from 8 July 2020 ending 31 March 2021. This means that the transaction