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GLOSSARY
Date on which the assessment period starts.
PRACTICE NOTES
This Practice Note explains the criteria for the provision of residential accommodation in England under the Care Act 2014. Residential care and support in Wales is governed separately by the Social Services and Well-being (Wales) Act 2014 and the Welsh regulatory framework. When confronted with issues concerning residential accommodation, the practitioner is most likely to be dealing with one or both of the need for admittance to and the running of such accommodation. The legislation in respect of both situations is complex. To add confusion, the provision of residential care falls within both the local authority and private domains. In respect of the provision of residential accommodation, the practitioner should be equipped with the primary relevant legislation: • National Assistance Act 1948 (NAA 1948) • Health and Social Care Act 2008 (HSCA 2008) • Care Act 2014 (CA 2014) • Care and Support (Eligibility Criteria) Regulations 2015 Local authority responsibility Although heavily amended over the years, NAA 1948 was the basis of the pre-Care Act 2014 responsibilities of local authorities for the provision of: '… residential accommodation
PRACTICE NOTES
STOP PRESS: The Energy Performance of Buildings (Scotland) Regulations 2025, SSI 2025/417 (EPC Regs 2025) revoke and replace the Energy Performance of Buildings (Scotland) Regulations 2008, SSI 2008/309 (EPC Regs 2008), updating Scotland’s energy performance framework for all buildings. EPC Regs 2025, regs 11 and 12 are in force from 1 January 2026 enabling the approval of organisations and of accreditation schemes. The remainder of the EPC Regs 2025 were due to come into force on 31 October 2026. In March 2026, the Scottish Government announced that implementation will be delayed as it is dependent on the development and rollout of the UK Home Energy Model (HEM) and associated assessor training and systems across the UK, see: Energy Performance Certificate reform consultation: response. The EPC Regs 2025 will require owners of non-domestic properties to provide valid Energy Performance Certificates (EPCs) and Property Reports when selling or letting, and to include EPC ratings in advertisements. Developers must give EPCs and reports
NEWS
Restructuring & Insolvency analysis: By an application, the court was invited to fix the basis of joint administrators' remuneration and expenses by reference to time properly spent by them and their staff in attending to the administration of the company pursuant to rule 18.23 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 and approve their unpaid pre-administration costs as an expense of the administration pursuant to IR 2016, SI 2016/1024, r 3.52(5). Following paragraph 21 of the Practice Direction on Insolvency Proceedings, the court found that it could not determine the basis of the joint administrators' post-administration remuneration, or allow their pre-administration costs to be treated as an administration expense, without satisfying itself that the administrators’ proposed remuneration was ‘reasonable and commensurate with the nature and extent of the work properly undertaken or to be undertaken’. There must be sufficient information before the court to enable it to come to such a conclusion having regard to all relevant matters including the effectiveness with which the administrators appear to be carrying out, or have carried out, their duties. Written by Alasdair Terkatz-Cameron, associate at Addleshaw Goddard LLP.
PRACTICE NOTES
This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks at assessment on the standard basis and the indemnity basis in private proceedings, publicly funded costs, the authority to assess and when, and the procedure to deal with points of dispute and default costs certificates. It is primarily concerned with inter partes costs. For further practical guidance on solicitor and own client costs, see Practice Note: Client care—family law — Costs. Private costs The court will decide whether private costs should be assessed on either the: • standard basis—whereby costs will be allowed that are proportionate to the matters in issue, with any doubt as to whether they were reasonably incurred or reasonable and proportionate being resolved in favour of the paying party, with the court having regard to all the circumstances • indemnity basis (rare)—where any doubt as to whether costs are reasonably incurred or reasonable in amount is resolved in favour of the receiving party, consequently the amount recoverable under an indemnity costs order is significantly
NEWS
Information Law analysis: This case relates to intimate photographs and video footage of the claimant, Mr Reid, obtained without consent and said to have been disseminated by the defendant, Ms Price, to a range of people in varying circumstances over a period from 2009–2018. As judgment on liability had already been entered in Mr Reid's favour, Warby J's judgment considers the basis on which an award for damages can be sought, the factors to be taken into account to compensate Mr Reid for the wrongful retention and wrongful disclosure of the information in question, and the aggravating conduct of Ms Price that might be taken into account in calculating such an award. Written by Charlotte Clayson, senior associate at Trowers & Hamlins LLP.
NEWS
Family analysis: A 14-year-old child of Ghanaian-British parents was born in London and had always lived in England. In March 2024, the parents took the child to Ghana and enrolled him (without his knowledge) in a school there because they were concerned about his involvement with gangs and knives; the parents later left Ghana and returned to England. The child applied, through his solicitor, to make himself a ward of the High Court and for an order that he be returned to the jurisdiction of England and Wales. The court concluded that despite the child’s strongly expressed wish to return to England, his interests were best served by remaining in Ghana with a member of his wider family, away from the malign influences he had surrounded himself with, and remaining in contact with his father and English family by both video and visiting contact. Olivia Magennis, barrister at 1|GC Family Law, considers the issues.
GLOSSARY
From 6 April 2005, when an insolvency event occurs, the Board of the PPF will assess the scheme to determine whether the scheme should be brought into the PPF.
GLOSSARY
(1) Any item of value; (2) The holdings of a fund, which may include stocks, shares, fixed-interest securities or cash; (3) The main types of investment available: bonds, equities, real estate, commodities etc.
GLOSSARY
A security supported by assets such as loans, leases and credit card receivables.
GLOSSARY
Asset Based Finance Association (formerly known as the Factors and Discounters Association or FDA).
GLOSSARY
A form of financing where the amount the financier is prepared to advance is calculated by reference to certain assets, typically receivables, inventory, plant and machinery and real property.