This Practice Note explains who is automatically entitled to apply for an order under section 8 of the Children Act 1989 (ChA 1989) (a child arrangements order, a specific issue or prohibited steps order) and who requires permission (leave) from the court to apply. It sets out the criteria that the court must have regard to when deciding whether to grant permission. It also sets out the procedure for making an application for permission including the form of the application, documents in support and service. Permission to apply for a section 8 order Under ChA 1989 certain applicants are entitled to apply for an order under ChA 1989, s 8 (s 8 order) on the basis that they are persons who are usually closely connected with the child, while others require permission from the court before they can apply. There are also distinctions depending on the type of s 8 order that is being applied for. These fall into the following categories: • those who are entitled to apply for any s 8 order

Dispute Resolution analysis: Chief Insolvency and Companies Court Judge Briggs examined the law as to when it is right to permit a shareholder to bring a derivative action on behalf of a company against the company’s director for alleged misappropriation of assets. This was a classic two shareholder 50/50 company. Charles Saatchi, a 50% shareholder, alleged that the company’s assets had been misappropriated by the other 50% shareholder and sole director, Rahul Gajjar. The arguments focused on whether a person acting in accordance with the duty to promote the success of the company would bring the action, and whether the existence of alternative remedies militated against permission being granted. Written by Joshua Munro, barrister, at Hailsham Chambers.

Dispute Resolution analysis: Mr Justice Morgan provides a clear illustration of the factors the court will consider when determining whether to give permission under CPR 19.9 to bring a derivative claim under the common law, including confirmation of its jurisdiction to do so (Universal Project), the need for the claimant to establish a prima facie case to relief, the ‘fraud on the minority’ exception to the rule in Foss v Harbottle, the issue of ‘wrongdoer control’, whether a ‘s 994 petition’ (unfair prejudice petition) might be more appropriate and the fundamental question of whether permission should be accompanied by a pre-emptive indemnity costs order in favour of the claimant.

Dispute Resolution analysis: Males J has granted an application for permission to take steps in Switzerland and Lebanon to recognise and enforce a worldwide freezing order (WFO) granted by the English court. In doing so he applied the principles for such applications set out in Dadourian and made clear that absence of oppression to the respondent is a distinct requirement. Therefore, where to grant permission would be oppressive to the respondent, the application should not be granted except in very exceptional circumstances. However, granting the application in respect of assets jointly owned by (potentially) innocent third parties and where the claimants would be entitled to superior relief in Switzerland and Lebanon than in England would not be oppressive. This decision is of interest to practitioners advising a client who has obtained a WFO and wishes to protect its position abroad.

TMT analysis: The defendant succeeded in its application to set aside an order granting permission to the claimant to serve his claim for libel on the defendant out of the jurisdiction. The court held that the original order should be set aside on three grounds: (1) the claimant had not established that England and Wales was clearly the most appropriate place in which to bring an action; (2) the claimant had committed egregious breaches of the duty of full and frank disclosure; and (3) the claimant has no real prospect of defeating a limitation defence. While the order already fell to be set aside on the first two grounds, the court went on to address the merits of the claim, in particular whether it was time-barred by virtue of the ‘single publication rule’ introduced by section 8 of the Defamation Act 2013 (DA 2013). The judge held that the Wikipedia page sued upon was substantially the same as an earlier version published on 10 January 2022, and therefore the claim was out of time. Written by Adele Ashton, partner at Penningtons Manches Cooper LLP.

Other than British or Irish citizens (or Commonwealth citizens with the right of abode) a person wishing to travel to the UK generally requires leave, ie permission, to enter (pass border control) and remain in the UK. Other persons who do not require leave to enter the UK are exempt persons (such as diplomats) and persons with a frontier worker permit. The position as regards prior permission to travel to the UK for persons who require leave to enter has changed due to the introduction of the Electronic Travel Authorisation (ETA) scheme which commenced from Autumn 2023. The ETA scheme was rolled out by nationality, which was completed in April 2025. The Home Office has announced that the scheme will be fully enforced from 25 February 2026. Prior to the introduction of the ETA scheme, persons of some nationalities were not required to obtain prior permission to come to the UK as a visitor or short-term Creative Worker if they were from a list of specified countries (non-visa nationals) and were not intending to come

Permissive waste describes loss or deterioration of land or buildings caused by a tenant’s failure to take reasonable care, rather than by positive damaging acts. It typically arises where a leaseholder, life tenant or other occupier does not carry out basic maintenance, allows disrepair to develop, or fails to comply with obligations to keep premises in repair, leading to a reduction in the value of the landlord’s or reversioner’s interest.In England and Wales and Northern Ireland, permissive waste is rooted in common law and equity, mainly developed through case law rather than detailed statutory definition, and can be actionable as a breach of covenant to repair or as a claim in waste. It is relevant in leasehold, trust, life interest, and mortgage contexts.In Ireland, the concept is similarly recognised at common law, again primarily in the context of landlord and tenant and life interests.In Scotland, “waste” language is less common, but a broadly equivalent idea appears in obligations on tenants and liferenters to avoid allowing heritable property to fall into dilapidation through neglect, enforceable under contract and property law principles.

A permit is an official authorisation, usually issued by a public or regulatory body, allowing a person or organisation to carry out a specific activity that would otherwise be prohibited or restricted. In UK and Irish legal practice, permits arise in many contexts, including planning and environmental regulation, immigration, transport, gaming, and health and safety.“Permit” is generally a descriptive term rather than a single, defined legal concept; its precise meaning and requirements depend on the governing statute or regulations (for example, environmental permits under the Environmental Permitting (England and Wales) Regulations, waste and pollution control regimes in Scotland and Northern Ireland, or licensing and permitting provisions under Irish environmental and planning legislation).Key legal features typically include: specified conditions, duration, territory, and scope of authorised activity, with enforcement through variation, suspension, revocation, and criminal or civil sanctions for breach. Practitioners must check the enabling legislation and any guidance of the relevant competent authority (such as a local authority, environmental regulator or sectoral regulator). Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, although the underlying statutory frameworks and terminology can differ.

The permitted acts are those acts which are permitted in relation to a work notwithstanding the rights of the copyright owner.

Permission to carry out certain development without the need to make an application to the local planning authority for planning permission, as permission is granted by development order (SI 2015/596 in England and SI 1995/418 in Wales). Permitted development rights are subject to strict exceptions, limitations and conditions.

This Practice Note deals with permitted development in England. For guidance on permitted development in Wales, see Practice Note: Permitted development in Wales. Legal basis of permitted development rights Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’. ‘Development’ is defined in TCPA 1990, s 55(1) as: • the carrying out of building, engineering, mining or other operations in, on, over or under land (see Practice Note: Operational development), or • the making of any material change in the use of any buildings or other land (see Practice Note: Material change of use) TCPA 1990, s 58(1)(a) provides that planning permission may be granted by a ‘development order’. The Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO) is a development order for these purposes. It allows specific types of development, set out in different classes in Schedule 2 of the GPDO, to be carried out without the need to obtain planning permission. The GPDO

Planning permission is required for the development of land. 'Development', which is defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990), comprises: • operations affecting land, and • changes of use of land Operational development includes building operations, engineering operations, mining operations and other operations (see Practice Note: Operational development). A change of use of land will require planning permission only if the change of use is material (see Practice Note: Material change of use). The Town and Country Planning (General Permitted Development) Order 1995 (GDPO 1995), SI 1995/418 allows some development to be permitted without the need to obtain planning permission. GPDO 1995, SI 1995/418, Sch 2 grants planning permission for 'permitted development'. This includes: • development within the curtilage of a dwelling house • minor operations • changes of use • temporary buildings and uses (see below Temporary buildings and uses) • certain caravan sites • agricultural and forestry buildings and operations • development by certain bodies eg local planning authorities (LPAs), highway authorities, drainage bodies, the Environment Agency, sewage undertakers • certain