Family analysis: The key issue in this second appeal was the jurisdiction of the court to make an order for the transfer of tenancy under section 53 and Schedule 7 to the Family Law Act 1996 (FLA 1996). In particular, the court considered whether the term ‘cohabitants’ in FLA 1996, Sch 7, para 3 includes the parties to a void marriage or whether they fall within the scope of FLA 1996, Sch 7, para 2, which gives the court the power to make an order ‘on making a divorce, nullity of marriage or judicial separation order or at any time after making such order’. The case initially came before Recorder Allen KC, who made a transfer of tenancy order in favour of the wife but did not determine whether the parties were married, having noted that there was an issue between the parties as to whether or not they were married. The husband’s appeal was dismissed by Mr Justice Mostyn and was the subject of a second appeal by the husband. Poonam Bhari, barrister at 3PB Chambers, looks at the issues.

A structure used to divide a business between two separate groups of shareholders.

Commercial analysis: This case involved the consideration of the terms of a consultancy agreement which were partly written and partly oral—the effect of a schedule that was referred to in the agreement, but which did not exist, whether or not commission was due after termination of the contract, and the principles of quantum meruit. Written by Michael Budd, partner and head of company commercial at Longmores Solicitors.

Dispute resolution analysis: Popplewell J has concluded that a loan from Barclays to a law firm partner under a scheme of partner capital subscription loans (PCSL) between the firm and Barclays did not amount to an unfair relationship as between the individual partner and the bank for the purposes of the Consumer Credit Act 1974, ss 140A and 140B.

A principle used in major construction projects by which the parties subscribe to the principle of working together as if partners.

This Practice Note explains what partnering is, its key features and the advantages of taking this approach to a construction project. It also looks at the most commonly used forms of partnering contract and issues that the parties need to take into account in deciding whether to adopt this approach. What is partnering? In the 1990s, the Latham and Egan reports highlighted the inefficiencies caused by the adversarial nature of relationships in the UK construction industry and advocated the development of longer term relationships to improve performance and reduce costs. As a result, the concept of partnering has developed. Partnering is not, in itself, a method of procurement. The term refers to the approach the parties take to procurement and how they work together and manage the completion of projects. Partnering places great weight on establishing collaborative working arrangements and achieving continuous improvement in the delivery of projects. Partnering relationships are based on the underlying principles of trust, openness and co-operation and aim to eliminate the traditional adversarial culture. Partnering has traditionally been more widely adopted in public sector construction

An agreement between the parties' on a project where a partnering ethos has been adopted which sets out the parties’ agreed objectives and also records statements of intent as to how this will be achieved. The partnering agreement may be binding or non-binding and may relate to a single project or be a strategic, longer term agreement.

This Practice Note sets out an eligibility table covering the requirements for settlement, otherwise known as indefinite leave to remain (ILR), as a partner or parent under the Immigration Rules, Appendix Settlement Family Life (the ten-year route to settlement). This Appendix was added to the Immigration Rules from 20 June 2022 as part of the Home Office’s project to simplify the Immigration Rules. The Immigration Rules, Appendix FM, still contains the Rules for limited leave for partners and parents under the five and ten-year routes, and for settlement under the five-year route. The Practice Note also looks at the provisions covering settlement for dependent children under the Appendix. In addition to putting the relevant Rules into the simplified format, the Appendix has a number of policy differences with the previous settlement Rules for ten-year route partner and applicants contained in Appendix FM, in particular: • applicants are able to combine time on all family and private life routes, and any other route that leads to settlement, towards the ten-year

This Practice Note outlines the key procedural requirements for an application for entry clearance as the fiancé(e), proposed civil partner, spouse, civil partner or unmarried partner under the Immigration Rules, Appendix FM. The rules relating to applications by the children of those applying for entry clearance in this category are contained in Appendix FM, Family life as a child of a parent with limited leave as a partner or parent. For further information, see: Children—overview. Timing considerations It is important to take instructions about the applicant’s travel plans (and for fiancé(e)s or proposed civil partners, the proposed date of the wedding or civil partnership) as early in the process as possible. This is both to ascertain a suitable application date and to flag up any possible timing issues. In particular, sufficient time must also be allowed to complete the more time-consuming elements of the preparation of a five-year route partner application, such as: • undertaking and receiving the results of formal English language testing (processing times can vary depending

FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix FM applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the new Labour Home Secretary Yvette Cooper MP commissioned the Migration Advisory Committee to review these financial requirements. Their report has been published and the new financial requirement will be announced later in 2025. For further information, see Practice Notes: Immigration—horizon scanner and 2026 Immigration tracker. This Practice Note sets out the requirements for an application for entry clearance as the fiancé(e), proposed civil partner, spouse, civil partner or unmarried partner of any of the following types of sponsoring partner: • a settled person

This Practice Note sets out the requirements for applications for indefinite leave to remain (settlement) under Part 8 of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of a British citizen or settled person (including former refugees and those who have been granted humanitarian protection). The table below provides a quick reference point and summary of the requirements, but further guidance can be found in the Practice Notes: Adequate maintenance, Adequate accommodation and Partners: the relationship requirements. There is extensive Home Office guidance on Part 8 applications available in the Immigration Directorate Instructions (IDIs). It should be noted that the guidance on ‘genuine and subsisting relationships’ as set out in the relevant Appendix FM guidance applies in full to applications under Part 8. See Practice Note: Partners applying for leave to remain: application procedure for details on the relevant application procedure. Who can apply under Part 8? Only those who were last granted leave under the following paras of the Immigration

This Practice Note sets out the requirements for indefinite leave to remain (settlement) as a partner under Appendix FM, Family life as a partner, which covers the five-year route to settlement. The requirements for settlement under the ten-year route were moved to the Immigration Rules, Appendix Settlement Family Life from 20 June 2022 as part of the Home Office’s project to simplify the Immigration Rules. See Practice Note: Partners and parents applying for settlement under the ten-year route: eligibility table. The relevant provisions are set out at the Immigration Rules, Appendix FM, paras R-ILRP.1.1‒D-ILRP.1.3, and are summarised in the table below. Home Office guidance for caseworkers is found in its Settlement: family and private life guidance. Note that references to 'partner' include spouse, civil partner, unmarried or same-sex partner. This table incorporates the knowledge of language and life in the UK requirement which is set out in the Immigration Rules, Appendix KoLL. Specified documents will be required to meet the two elements of the Knowledge of Language