Permanent residence can only be acquired by EEA nationals prior to their reaching five years’ residence under the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052 in certain limited circumstances. This includes where the EEA national has ceased employment or self-employment due to retirement or permanent incapacity to work. In these circumstances,

An employee qualifies for statutory maternity pay (SMP) if she has: • been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of confinement (ie childbirth) (EWC), • given the requisite notice to the relevant employer (who will be liable to pay the SMP) of when she expects its liability to pay her statutory maternity pay to start, and • complied with other qualifying conditions stipulated in section

An employee (other than a share fisherman or merchant seaman) whose employer becomes insolvent can apply for payment out of the National Insurance Fund of up to eight weeks' arrears of pay (which here includes payment under a protective award for failure to comply with collective redundancy obligations). Following receipt of a written application (which will normally be the RP1 form), the Secretary of State will pay the amount which he considers the employee to be entitled where they are satisfied

There are two ways of obtaining building regulations approval, being a full plans application or the submission of a building notice. How long a building regulations approval is valid varies depending on which application procedure has been used. Full plans approvals For the full plans application procedure, the applicant will deposit full plans of the works with the local authority building control service or Approved Inspector, and will receive a formal decision notice. If the application is approved, this approval is then valid for three years. This three-year period starts from the date of the original deposit of the plans, rather than the date of the approval notice. If works are started

We are not aware of any method by which an entry clearance date can be changed after it has been issued (bar doing a whole

In partnership with David Salter Orders for sale of property are provided for by section 24A of the Matrimonial Causes Act 1973 (MCA 1973). However, an order for sale under this section may only take effect upon the final divorce order (MCA 1973, s 24A(3)) and does not therefore provide a mechanism for securing an order for sale at an interim stage prior to final order. There are potentially three alternative options available (per Mostyn J in BR v VT (Financial Remedies: Interim)): • an application under the section 17 of the Married Women’s Property Act 1882 (MWPA 1882), if an order for possession is required,

The ad medium filum rule can apply even to highway land. It simply becomes subject to the rights and operation of the highway over the land. If the road ceases to be highway

Costs of investigating the validity of a Will There are various costs that might be incurred in investigating the validity of a Will prior to the issue of proceedings. In addition to the usual costs of correspondence and conferences, there are specific costs which can arise in a potential contentious probate claim. These include: • the entry of a caveat. This is a notice in writing that no grant is to be sealed in the estate of the deceased without notice to the caveator (section 108 of the Senior Courts Act 1981 (SCA 1981)) and the Non-Contentious Probate Rules 1987, SI 1987/2024, r 44. The purpose of the caveat is to enable a person to investigate the validity of the

Section 123 of the Local Government Act 1972 (LGA 1972) governs the disposal of land by principal councils. This provides that subject to the provisions of that section, a principal council may dispose of land held by them in any manner they wish (LGA 1972, s 123(1)), though save in respect of a short tenancy, this must not be for a consideration less than the best that can reasonably be obtained (LGA 1972, s 123(2)). The remainder of the section contains other prohibitions, save that LGA

Arbitration analysis: In the latest development in an ongoing series of global disputes between two Indian based entities, the Supreme Court of India (the Supreme Court) has upheld a decision to set aside an International Chamber of Commerce (the ICC) arbitration award amounting to US$1.3bn (including interest) on the basis of an earlier finding of fraud. Gautam Bhattacharyya, partner, Simon Greer, partner, and George Pissarro, associate, Reed Smith examine the decision.

For information on flexible working generally, see Practice Note: Flexible working. The Flexible Working (Amendment) Regulations 2023, SI 2023/1328, which comes into force on 6 April 2024, removes Flexible Working Regulations 2014, SI 2014/1398, reg 3, which provides that only an employee who has been continuously employed for at last 26 weeks is entitled to make a flexible working application. Once Flexible Working Regulations 2014, SI 2014/1398, reg 3 is removed, there will be no regulations specifying who is a ‘qualifying employee’ for the purpose of section 80F of the Employment Rights Act 1996 (ERA 1996). Any ‘employee’ will then be able to make a flexible working request. The change has been described as giving workers

CPR 35.7–CPR 35.8 and CPR PD 35 deal with the instruction and use of joint experts by the parties and the powers of the court to order their use. Experts and those instructing them are expected to have regard to: • all relevant CPR Rules and Practice Directions • the Guidance for the instruction of experts in civil claims (the guidance) • Practice Direction Pre-Action Conduct and Protocols, para 7 • any relevant provisions depending on the track and/or the court in which your