Refine By
Clear all filter
About 92739 results for "*"
NEWS
Where an ET1 claim form referred to an attached rider for background and details of the claim but the claimant’s solicitor attached a rider relating to a different claim, the claim could not sensibly be responded to and the Employment Judge was bound by Rule 12(1)(b) of the Employment Tribunal Rules of Procedure 2013 to reject the ET1. However, the Employment Judge's error in accepting the claim was immaterial because the test in Rule 12(1)(b) is not authorised, in the context of the procedure provided for by Rule 12, by either section 7 of the Employment Tribunals Act 1996 (ETA 1996), or by the general power conferred by section 41(4) of the ETA 1996, and is therefore ultra vires. EAT: The Trustees of the William Jones’s Schools Foundation v Parry.
CHECKLISTS
The circumstances in which an incumbent office-holder needs to resign from their appointment are: • ill health • retirement from or ceasing practice as a licensed insolvency practitioner (IP), or • a conflict of interest or change in personal circumstances which precludes or makes impracticable the further discharge of duties. This could include the removal or restriction of their licence to act as an IP, an IP moving firms and the appointments not following them or other arrangements being made for those appointments This Checklist should be read in conjunction with the Checklist on the block transfer of office-holder appointments: Procedure for block transfers of office-holder appointments—checklist as a block transfer order may be the quickest and most cost effective way of dealing with matters. In addition, the Practice Note: Block transfer orders—the law and practice provides further relevant information. Of course, an office-holder may also be removed from office by creditors so that possibility may also have to be considered. For further reading, see: Removal of an office-holder—checklist. Although
PRACTICE NOTES
STOP PRESS: This Practice Note is being updated to take account of the introduction of a 24–week statutory framework for appeals lodged on or after 12 August 2026 by appellants receiving asylum accommodation support, and non-detained appellants who are liable to deportation under section 3(5)(a) of the Immigration Act 1971 (IA 1971). See: LNB News 14/08/2026 4 and reg 2 of the Border Security, Asylum and Immigration Act 2025 (Commencement No 5) Regulations 2026, SI 2026/766. The new framework is being underpinned by a new Practice Direction. Note also that the Government’s Immigration and Asylum Bill 2026 would establish a new Independent Immigration Appeals Authority to replace the First-tier Tribunal (Immigration and Asylum Chamber). See News Analysis: A guide to the Immigration and Asylum Bill 2026. This Practice Note provides a summary of the key steps involved in an appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The following information is based on a typical appeal. It does not necessarily
FLOWCHARTS
This Flowchart is for use on a tenant’s claim for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It sets out the steps from service of a tenant’s section 42 notice of claim, including a landlord’s section 45 counter-notice and deadlines for applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales), and/or the County Court as appropriate. Note 1 See Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993—Preparation for obtaining a lease extension. Note
PRACTICE NOTES
Section 101(1)(iii) of the Law of Property Act 1925 (LPA 1925) enables a mortgagee to appoint a receiver (LPA receiver) where the mortgage is made by deed. The powers of an LPA receiver are set out in LPA 1925, s 109(3) and are limited to the power to demand any income (including rent) from the property over which the LPA receiver has been appointed. An LPA receiver does not have power to sell the property. Since the powers provided in LPA 1925 are so limited, it is usual for a security document to specifically include a provisions permitting the security holder to appoint a receiver in the circumstances specified in the security document, and providing the receiver with more extensive powers than those provided under LPA 1925. This usually includes the power to sell the relevant property. Some of the provisions of LPA 1925 may also be excluded or varied in the security document. A receiver appointed pursuant to powers in the security document is commonly referred to
PRACTICE NOTES
Steps prior to appointment The power to appoint an administrative receiver lies with the holder of a floating charge subject to the following: • (1) the charge pursuant to which the administrative receiver is appointed must be a floating charge over the assets or a substantial part of the assets of the company mortgagor • (2) the floating charge needs to be dated before 15 September 2003. Enterprise Act 2002 abolished the ability to appoint administrative receivers except in the following cases: ◦ pursuant to agreements forming part of a capital market arrangement involving a debt of at least £50 million ◦ appointment of an administrative receiver to a project company of a public-private partnership project with step-in rights ◦ appointment of an administrative receiver to a project company of a utilities project with step-in rights ◦ appointment of an administrative receiver to a project company involved in a financed project with step in-rights ◦ where the company is a private registered provider of social housing or registered
PRACTICE NOTES
This Practice Note looks at the procedure for applications when using Visa Facilitation Services Global (VFS) or TLScontact (TLS): the registered commercial partners of the Home Office for the submission of entry clearance applications made overseas and for in-country applications to extend stay or settle in the UK. VFS is the provider for applications made overseas, and TLS is the provider in the UK. There is no commercial partner involvement for applications where the ‘UK immigration: ID check’ or ‘EU Exit: ID Document Check’ apps are used. For further information on the procedure when applying from overseas, see Practice Note: Procedure for applying from overseas. For the procedure when applying in the UK, see Practice Note: Procedure for applying online in the UK. The use of the ID check app is being rolled out to new visa routes and will increase in the future. Important note: while this Practice Note provides a comprehensive overview of the procedure when using VFS or TLS, advisers should always refer to the country-specific
NEWS
The Procedure and Privileges Committee has published its seventh report of session 2024–26. The report proposes changes to Grand Committee sitting arrangements, including longer default sitting times and an additional Grand Committee for delegated legislation. It also recommends the introduction of time limits and speakers’ lists for debates on delegated legislation in the Chamber and changes to the use of timing clocks. Additionally, the report sets out procedural amendments arising from the House of Lords (Hereditary Peers) Act 2026, including the repeal of several Standing Orders and changes to access rights for hereditary peers. It further notes a proposal to highlight International Agreements Committee reports in House of Lords Business where relevant to legislation.
PRACTICE NOTES
This Practice Note sets out the procedural requirements in relation to an application under Schedule 1 to the Children Act 1989 (ChA 1989) for either capital or maintenance provision for a child. It considers the financial remedy procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, the court's powers to vary an order under ChA 1989, Sch 1 and the applicable costs rules. Applications under ChA 1989, Sch 1 are governed by FPR 2010. Although an order under ChA 1989, Sch 1 is a ‘financial remedy’, the proceedings are not 'financial remedy proceedings' as defined by FPR 2010, SI 2010/2955, 28.3(4)(b), and therefore the usual costs rule of no order as to costs does not apply—see: Costs in Schedule 1 cases. The fast-track (shortened) financial remedy procedure has, in the past, applied to all applications under ChA 1989, Sch 1. However only an application for an order for periodical payments only will be dealt with under the fast-track procedure. An application for a capital order, or an application for both periodical
PRACTICE NOTES
This Practice Note explains the procedure for the appointment or removal of a guardian for a child. It sets out who the respondents to the application will be, together with any other people who must be given notice of the proceedings. It explains the form of application required and the rules concerning service. An application may be made to the Family Court by any individual to be appointed as a child's guardian. Permission is not required in order to apply. The court may make an order appointing an individual as a child's guardian in any family proceedings even if an application has not been made for guardianship but the court considers it appropriate to make an order. This could result in someone other than the applicant being appointed as the child's guardian. A child arrangements order (CAO) naming the applicant as the person with whom the child is to live will often be appropriate instead of appointing a guardian as it confers parental responsibility. The court can appoint a guardian: • if the child
PRACTICE NOTES
This Practice Note sets out the procedural requirements in relation to an application under the Children Act 1989 (ChA 1989) for parental responsibility for a child. It explains the requirement to attend a family mediation information and assessment meeting unless one of the exemptions apply and the requirements of the pre-application protocol. It also explains who the respondents will be and the procedure regarding service as well as the factors that the court will take into account in considering an application. Pre-application Protocol: private law proceedings relating to children The Pre-application Protocol: private law proceedings relating to children (the protocol), which is annexed to FPR 2010, PD 12B, came into force on 31 May 2024, The protocol outlines the steps that parties should take before starting any court proceedings for private law children orders, including trying to resolve their dispute by non-court dispute resolution (NCDR), where it is safe and appropriate. It also outlines sources of support and information available to parties. The court will expect all parties, even if they have not had professional advice from a
PRACTICE NOTES
This Practice Note explains how to make an application under section 91(14) of the Children Act 1989 (ChA 1989) for an order preventing an application of a specified kind being made with respect to the child concerned by any person named in the order without the leave (permission) of the court (a s 91(14) order). It also sets out the procedure, to be followed by a person who has been named in a s 91(14) order who wishes to seek the court’s leave to make a specified application. It explains the test the court should apply to an application for leave. When a court disposes of any application for an order under ChA 1989 it can make an order that no application for an order under that Act of any specified kind may be made with respect to the child concerned by any person named in the order without the leave of the court. This applies whether or not it makes any other order in response to the application. The