At the crux of the issue posed by the question is the position of a party who fails to comply with a direction of the court but who has made an application to extend time for compliance prior to the deadline for that direction. In the situation described, the claimant will be in breach of the court order with respect

Amending a statement of case CPR 17.1 states that: ‘(1) A party may amend his statement of case at any time before it has been served on any other party. (2) If his statement of case has been served, a party may amend it only- (a) with the written consent of all the other parties; or (b) with the permission of the court.’ For further information on the approach a party should adopt when amending a statement of case, see Practice Note: Amending a statement of case—introduction. In particular, once a statement of case has been served, the permission of the court will be required to amend unless the other parties have consented in writing

Cyprus is part of the EU. This Q&A considers the rules of service to a defendant outside of the UK but inside the EU. The process of effecting service of documents between EU Member States is governed by the process of service rules set out in Regulation (EC) 1393/2007, the Service Regulation (CPR 6.40(3)(a)(i)). This is a mandatory and exhaustive code and must be complied with. Although the UK left the EU on 31 January 2020, the Service Regulation continues to apply between the UK and EU Member States during 2020 due to transitional provisions in Article 68 of the Withdrawal Agreement between the UK and the EU.

This Q&A assumes that the contractual termination date of the lease has passed. A landlord's application for termination of a tenancy is made under section 29(2) of the Landlord and Tenant Act 1954 (LTA 1954) and is a CPR Part 7 claim. See generally Practice Note: LTA 1954 business lease renewal—proceedings (under 'Opposed application—procedure'). A defendant to a Part 7 claim who wishes to withdraw their defence would be well advised to seek to negotiate with the landlord and submit a consent order providing for the dismissal of the proceedings on an agreed date. The tenancy will then end three months and 21 days later

Section 213 of the Housing Act 2004 (HA 2004) (as amended) states that any person receiving a tenancy deposit must deal with it in accordance with an authorised scheme, the initial requirements of the scheme must be complied with within 30 days of receipt, and the prescribed information be provided to the tenant within the same period. A failure to do so entitles the

Since 6 April 2007, a landlord must comply with the initial requirements of the tenancy deposit scheme (TDS) within 30 days of receipt of a deposit in respect of an assured shorthold tenancy (AST). The requirements are to provide the tenant and any relevant person (meaning someone who pays the deposit on the tenant's behalf) certain prescribed information about the TDS, the deposit and the AST. Failure to do so will prevent the landlord from serving a valid notice pursuant to section 21 of the Housing Act 1988 to determine the AST, and the landlord may

This Q&A has assumed that the individual in question does not have capacity to revoke the LPA. The court has power under section 22(4)(b) of the Mental Capacity Act 2005 (MCA 2005) to revoke a lasting power of attorney where any of the conditions set out in MCA 2005, s 22(3) are satisfied.

This exact point was addressed in the case of SG, Re [2022] EWCOP 55. This case involved a jointly owned property in which one of the husband and wife co-owners, P, had lost capacity. A property and affairs deputy (IMTC) was appointed for P and the deputyship order contained a fairly standard provision at paragraph 2(c) explicitly prohibiting the deputy from selling freehold or leasehold property in which P had a beneficial interest without obtaining further authority from the court. In preparation for sale of the property, P’s wife, in her capacity as the continuing trustee of the property, obtained a court order (the Trustee Act order) granting her permission pursuant to section 36(9) of the Trustee Act 1925 to appoint

What is smart metering? For an introduction to what smart meters are, see also Practice Note: What is a smart meter? GB’s licensed electricity and gas suppliers are required by their supply licenses to ensure all reasonable steps are taken to roll out smart meters to domestic and small business customers. The roll out of smart meters is expected to reduce customers’ energy bills, while increasing energy efficiency and making it easier to change energy supplier. For a detailed overview of the timeline for rolling out smart meters in GB, the regulation of the smart metering roll out and the way in which energy suppliers typically structure and finance transactions to facilitate this roll out, see Practice Note: Smart metering regulation and smart metering projects. What are the key organisations in the GB smart metering market? Name Role Capita plc (Capita) Capita plc is the ultimate owner of the initial smart metering communications licensee, Smart DCC Limited (for more on which, see below). Capita is a business

An agent may sign and serve a notice to quit provided they are duly authorised to do so at the time. The agent's role (and the fact that they are authorised) should be made

Case study An agreement for lease provides that on the grant of the last lease in a development the developer will transfer the freehold in the development to a company owned and run by the tenants or as many of them agree to become members and/or directors of the company. The transfer took place, but one tenant was not included as a member of the company. The developer’s solicitor then serves a notice under section 5 of the Landlord and Tenant Act 1987 (LTA 1987) (section 5 notice) on the tenant, asking if they wish to become a member. Subject to a number of exceptions not on the face of it relevant here, any such disposal will require

At this time, we do not have any material that covers the specific point raised in this Q&A. Allotments, smallholdings and gardens: Encyclopaedia of Forms and Precedents Vol 2(3) covers allotments in detail, but contains very little in respect of allotments that are not owned by a local authority. However, the following material may be considered useful when considering such a question. The Allotment Acts It seems that the various Allotment Acts 1908 to 1950 (ie the Small Holdings and Allotments Act 1908; the Land Settlement (Facilities) Act 1919; the Allotments Act 1922; the Allotments Act 1925; the Small Holdings and Allotments Act 1926; sections 5