If the English court had jurisdiction to make the financial remedies order, which by implication it did, it will retain jurisdiction for the purposes of enforcement, even though both parties are now resident abroad. Indeed, this will prove convenient and cost effective in relation to enforcement

An order for sale under section 24A of the Matrimonial Causes Act 1973 (MCA 1973) must always be ancillary to certain other types of orders specified in MCA 1973, s 24A(1), usually a property adjustment order or a lump sum order. A property adjustment order or a lump sum order (other than one payable by instalments) may not be varied as to its substance. An order for the sale of property under MCA 1973, s 24A may be varied under MCA 1973, s 31(2)(f). The statutory power to vary relates

Section 24A of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court may make an order for the sale of a property in which either or both of the parties to the marriage has a beneficial interest. The court also has the power to make supplemental provisions as it may think fit pursuant to MCA 1973, s 24A, so that if the difficulty with sale is the result of one party setting an unrealistic asking price, or generally being uncooperative, the other party may apply for sole conduct of sale and vacant possession or for provision that requires the property to be ‘offered for sale to a person, or class of persons, specified

Section 234(2) of the Insolvency Act 1986 (IA 1986) provides that: ‘Where any person has in his possession or control any property, books, papers or records to which the company [in administration] appears to be entitled, the court may require that person forthwith (or within such period as the court

Two questions arise: • (1) the standing of the local authority (LA) in this case, the Executor and residuary beneficiary have renounced. It is assumed that no others have an entitlement to the grant. The order of priority for the issue of a grant of Letters of Administration with will annexed is dealt with in the Non-Contentious Probate Rules 1987, SI 1987/2024, r 20 if the LA is owed fees, its right to become involved in the estate administration arises as a creditor once all those with

Section 7 of the Bribery Act 2010 (BA 2010) provides: ‘(1) A relevant commercial organisation (“C”) is guilty of an offence under this section if a person (“A”) associated with C bribes another person intending— (a) to obtain or retain business for C, or (b) to obtain or retain an advantage in the conduct of business for C. (2) But it is a defence for C to prove that C had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct. BA 2010, s 8 defines an associated person: (1) For the purposes of section 7, a person (“A”) is associated with C if (disregarding any bribe under consideration) A is a person who performs services for or on behalf of C. (2) The capacity

The Renting Homes (Wales) Act 2016 (RH(W)A 2016) provides for two types of occupation contract; standard and secure. Standard contracts may be fixed term or periodic; secure contracts are always periodic. See RH(W)A 2016, ss 1 and 8. The general rule is that an occupation contract made with or adopted by a community landlord (as defined in RH(W)A 2016, s 9) will be a secure contract and an occupation contract made with or adopted by a private landlord (as defined in RH(W)A 2016, s 10) will be a standard contract. The principle of flexibility running throughout RH(W)A 2016 provides the facility for community landlords to enter into standard

EU Law analysis: James Clark, Verena Grentzenberg and Heidi Waem, partners at DLA Piper, analyse the final version of the European Data Protection Board (EDPB) Guidelines 2/2023 on the technical scope of Article 5(3) of Directive 2002/58/EC, the ePrivacy Directive. They consider how the EDPB interprets the ‘cookie rule’, the technologies within scope, and practical implications of the Guidelines.

If a foreign company is dissolved or ceases to exist, any property held by that company in England and Wales is likely to revert to the Crown. This process is known as ‘escheat.’ See Escheat—a brief guidance note by the Crown

A foreign national signing a UK Will in France must ensure that the Will complies with the formal requirements

The ultimate answer to this Q&A will depend upon whether the debtor was aware of the claim prior to entering into an individual voluntary arrangement (IVA), or whether the claim itself is disputed. The former employee might be prevented from bringing proceedings against the debtor if: • the IVA contains provisions that bind creditors to agree not to bring proceedings while the IVA is in force; and • the employee is considered a 'creditor' under the IVA, in that the employee has an identifiable claim against the debtor which would entitle it to a definite remedy (ie more than the potential for a court to make a discretionary award in proceedings) If the two points above apply in respect of the employee’s claim, then they simply can’t bring an Employment Tribunal (ET) claim and (depending on the wording of the IVA)

Rights when assignee’s lease forfeited because of a former leaseholder’s breach The personal liability of an assignee for breaches which occur before the assignment of a lease is limited and a tenant is usually only liable where there is an express covenant in the lease covering such breaches. This is because, in the absence of an express provision, there is no covenant that the landlord can enforce against the assignee in respect of breaches which were completed before the assignment of the lease. Forfeiture