Title Trustee in trust deed for creditors Title to sell or lease needs to be specified in the trust deed for creditors. If it is not, a statutory power is required and section 4 of the Trusts (Scotland) Act 1921 and section 2 of the Trusts (Scotland) Act 1961 apply. Interim trustee in bankruptcy An interim trustee in bankruptcy has no power to contract, sell or lease unless this power has specifically granted by the court. Permanent

Title When taking a transfer from a fixed charge receiver, the title deeds should include: • the original or a certified copy of legal charge or mortgage under which the receiver has been appointed • a certificate from the chargee (or their conveyancer) that the power of appointment under the legal charge or mortgage has arisen • the original or a certified copy of the deed of appointment of the receiver • a certified copy of the receiver’s notice of acceptance of the appointment (the original will be held by the chargee) All of the above items will be required by HM Land Registry when registering the transfer to the buyer. The charge will normally be registered against the title to the property, but HM Land Registry will check that it: • has been registered at Companies House • has been properly executed • contains provision to allow the receiver to be appointed and to carry out the disposition Most charges will contain an express power of appointment on the occurrence

Title When taking a lease or a transfer from an administrative receiver, the title deeds should include: • the original or a certified copy of the debenture under which the receiver has been appointed • a certificate from the chargee (or their conveyancer) that the power of appointment under the debenture has arisen • the original or a certified copy of the deed of appointment of the receiver • a certified copy of the receiver’s notice of acceptance of the appointment (the original will be held by the chargee) All of the above will be required by HM Land Registry when registering the lease or transfer. The debenture will normally be registered against the title to the property, but HM Land Registry will check the debenture: • has been registered at Companies House • has been properly executed • contains provision to allow the receiver to be appointed and to carry out the disposition Checking the appointment An administrative receiver cannot be appointed under a debenture or charge dated after 15 September

Title Administrator appointed by the court Where any administrator is appointed by the court under paragraph 11, Schedule B1 to the Insolvency Act 1986 (IA 1986), on the application of the company, its directors and/or any of one or more of its creditors, the title deeds should include certified copies of: • the administration order, and • any further order(s) under IA 1986, Sch B1, paras 91–95 for the appointment of any new administrator following the death, resignation or removal from office etc of the original or any subsequent administrator The Administrator is required to register a notice of appointment at: • Companies House, and • the Register of Inhibitions, in a form complying with the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, (ISCVAAR 2018), SI 2018/1082, r 3.27 Administrator appointed by holder(s) of qualifying charge, the company or its directors Where the administrator is appointed by the holder(s) of a qualifying floating charge (under IA 1986, Sch B1, para 14) or by the company or its

Title Administrator appointed by the court Where any administrator is appointed by the court under paragraph 11, Schedule B1 of the Insolvency Act 1986 (IA 1986), on the application of the company, its directors and/or any of one or more of its creditors, the title deeds should include certified copies of: • the administration order, and • any further order(s) under IA 1986, Sch B1, paras 91–95 for the appointment of any new administrator following the death, resignation or removal from office etc of the original or any subsequent administrator Administrator appointed by holder(s) of qualifying charge, the company or its directors Where the administrator is appointed by the holder(s) of a qualifying floating charge (under IA 1986, Sch B1, para 14) or by the company or its directors (under IA 1986, Sch B1, para 22), the title deeds should include certified copies of: • the notice of appointment: ◦ in a form complying with the requirements of IA 1986, Sch B1, para 14 and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024,

Usually leave of the court, meaning permission of the court.

The Home Office has updated its leave outside the rules guidance to improve its coherence with other Home Office guidance dealing with discretionary requests. The policy now more clearly confirms it does not deal with requests for discretion to be exercised within a route and makes it clearer that human rights leave requests are covered by the family caseworker guidance. A further change is a specific reference to outbreaks of conflict not being sufficient to grant leave outside the rules, seemingly in a direct response to the government's push back in response to Gazan family reunion cases made outside the Rules.

Arbitration analysis: Following a remote hearing, Mrs Justice Moulder in the Commercial Court set aside an order of Teare J granting leave to enforce the operative part of a consent award made by a sole arbitrator, which would have triggered an accelerated payment of the balance of the settlement sum in place of a schedule of instalments. The arbitration had been seated in London but the application for leave had erroneously invoked, in addition to section 66 of the Arbitration Act 1996 (AA 1996), AA 1996, s 101(2), which applies to New York Convention awards. Moulder J considered that the judge who heard the ex parte application might have been led to make an order which he might not otherwise have done. If she was wrong on that, the award debtor had shown a realistic prospect of establishing a defence to enforcement and the factual dispute required a further hearing under AA 1996, s 66.

Permission required for persons, who are not British citizens or otherwise entitled to be admitted to the UK and who are accordingly subject to immigration control, to enter the UK.

Permission given to a person who is already in the UK, and who would have required leave to enter (whether or not he has such leave), to stay in the UK.

This document provides general guidance regarding an application for leave to remove children permanently from the jurisdiction. Your family lawyer will be able to provide specific advice based on your circumstances. Can I move to live abroad with the children? If you are separated or divorced and want to move abroad permanently with your children, you must obtain written consent from the other parent and/or any other person who has parental responsibility for the child. If the other parent will not agree, you can apply to the court for permission (this is known as a leave to remove or relocation application). Making an application to court If it is not possible to reach an agreement about where the children should live, you can apply to the court for an order. Before you can do this you are required by the rules governing these applications to attend a meeting with a mediator to see whether mediation might be suitable, rather than using the court. This requirement applies unless certain exemptions, including issues relating to the safety of

This Practice Note sets out the factors to be considered in an application for permission to remove a child from the jurisdiction (leave to remove). It considers the provisions of the Child Abduction Act 1984 (CAA 1984) and the requirement to obtain consent from all those with parental responsibility. It sets out what the position is when a child arrangements order (CAO) is in force and applications under section 13 of the Children Act 1989 (ChA 1989). It details the procedure where an application to the court is needed. It sets out the factors the court must consider and reviews guidance from the relevant case law including K v K, Re F (Relocation) and Re F (A Child) (International Relocation Case). It also considers temporary removals from the UK including to a non-Hague Convention country and appropriate safeguards. What is leave to remove? A parent may wish to move from their home in England to live abroad and to take their child with them. This is generally referred to as external relocation. External relocation