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PRACTICE NOTES
At a Glance contains industry-standard facts and figures for financial remedy negotiations. Backed by the Family Law Bar Association (FLBA), it is used in courts of all levels and for negotiation. Lexis+ ® Family UK Practical Guidance users can access the financial charts, guidance and information contained in At a Glance 2026–2027 including Duxbury calculations, the methodology of the Galbraith tables and a worked example, cost of living figures and a range of other tables. Notes:
Q&As
A dichotomy exists between section 51(3)(c) of the Licensing Act 2003 (LA 2003) which requires the Secretary of State to make regulations to 'prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any other person', and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, SI 2005/42, reg 38–39, in particular regulation 39(b) which only prescribes that notice of the application for review of a premises licence shall state 'the dates between which interested parties and responsible authorities may make representations to the relevant licensing authority'. Had LA(PL&CPC)R 2005, SI 2005/42, reflected all the matters prescribed to be included by LA 2003, s 51(3), the crux of the question would not have been answered as there are other apparent discrepancies. The Licensing Act 2003 (Hearings) Regulations 2005 (LA(H)R 2005), SI 2005/44, prescribe the time within which
GLOSSARY
In private law children cases, 'at court mediation' replaced the previously used term 'in court mediation' and refers to mediation services that take place at court to assist with the resolution of issues between the parties.
GLOSSARY
An at issue memorandum is an internal or procedural document used by litigators to identify, summarise and clarify the matters “in issue” between the parties in civil proceedings. It typically distils the disputed facts, legal questions and relief sought once statements of case (or pleadings) are closed, helping to focus case management, evidence and advocacy.The expression “at issue memorandum” is descriptive rather than a term of art defined in legislation or rules of court. It may appear in case management directions, internal firm precedents, counsel’s briefs, or documents prepared for settlement discussions or alternative dispute resolution.Across England and Wales, Scotland, Northern Ireland and Ireland, the core concept is consistent: to map the live issues for trial or hearing and distinguish them from matters admitted or no longer pursued. In Scotland and Northern Ireland, the function is closely related to the identification of issues in the pleadings and any joint minutes; in Ireland and England and Wales it often aligns with lists of issues prepared for case management conferences, pre-trial reviews or mediation. Properly prepared, an at issue memorandum promotes procedural efficiency, cost control and focused advocacy.
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to business leases which satisfy the criteria set out in LTA 1954, s 23, ie ‘any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes’. However, LTA 1954, s 43 sets out
Q&As
This Q&A assumes whether or not the parties can agree by consent to extend the time for filing witness statements in the lead up to trial or whether the court’s permission is required. This Q&A considers the procedural rules contained in the Civil Procedure Rules (CPR) relating to extensions of the court timetable by agreement between the parties, especially in relation to witness statements. Witness statements. CPR 32.4 imposes a requirement for the parties to serve witness statements in advance of the evidence which a witness would be allowed to give orally. Although CPR 32.4(3) contemplates that the court could order that witness statements be served but not order that they need be filed, directions timetables routinely provide for filing at the same time as service. For the purposes of this Q&A service and filing of witness statements are considered together. CPR 32.10 provides for an automatic sanction in the event of
Q&As
Section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) sets out a specific statutory regime for the recovery of costs where an extended lease is claimed. The effect of LRHUDA 1993, s 60(5) is such that the landlord’s costs arising out of the service of the claim notice are recoverable where it is not necessary to refer the terms of acquisition to the tribunal (ie if it is not necessary to
Q&As
Council tax is a local domestic property-based tax levied by billing authorities on the basis of the broad capital valuation band to which a property has been allocated. All properties are valued for council tax purposes using an assumed capital value and put into one of eight valuation bands based on their value on 1 April 1991, not their current value. The Local Government Act 2003 introduced a requirement that properties would be revalued every ten years. Usually one person, called the 'liable person', is liable to pay council tax and usually the person living in the property will be the
Q&As
Connected Rule 15.34(4)–(5) of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, renders invalid any resolution approving or modifying the proposal by the creditors if those voting against it include more than half in value of the creditors who are not, to the best of the chairman's belief, connected with the company. See Commentary: Procedure where no moratorium is in force: Tolley's Insolvency Law Service [P2015]. Associate IR 2016, SI 2016/1024, r 15.34(7) provides that a creditor is not an associate of the debtor unless the convener
Q&As
It is assumed that the trust in question is discretionary and that no one has an interest in possession in the income thereof. Accumulation is the conversion of income into capital. In order for income to be effectively accumulated the following criteria must be satisfied: • there must be a power or trust to accumulate conferred either by the trust instrument or by the Trustee Act 1925 (TA 1925) (or possibly at common law—see Lombe v Stoughton (1841) 12 Sim 304 (not reported by LexisNexis®). There is statutory authority to accumulate income from funds held for a beneficiary who is a minor to the extent that the income is not applied for his maintenance (TA 1925, s 31) (see below). There is no general statutory authority conferred on trustees to accumulate (Re Gourju’s Will Trusts, Starling v Custodian of Enemy Property at para [34])
Q&As
The Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012, reg 105 states that: ‘(1) Where a land use plan— (a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and (b) is not directly connected with or necessary to the management of the site, the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site's conservation objectives.’ CHSR 2017, SI 2017/1012, reg 111 defines ‘land use plan’ as including neighbourhood development plans (NDPs). The process by which the requirement under CHSR 2017,