An entitlement in possession comprises a present right to present enjoyment, that is a vested and indefeasible interest in the net trust income (see Pearson v IRC). It does not include a beneficial interest that is defeasible or discretionary. Section 36 of the Trustee Act 1925 (TA 1925) grants certain powers in relation to the appointment of a replacement trustee or trustees where a trustee dies, remains out of the UK for more than 12 months,

As noted, section 37 of the Family Law Act 1986 makes provision as to the surrender of passports where there is in force an order prohibiting or otherwise restricting the removal of a child from the UK or from any specified part of it, but with the proviso that the provision applies only in relation to a UK passport, ie a current passport issued by the government of the UK. Case law indicates that the High Court may order the surrender of a foreign passport under

An agreement under section 38 of the Highways Act 1980, whereby a road that has been constructed (or is to be constructed) becomes a highway maintainable at the public expense.

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and, in particular, the contractor’s position in relation to them. The provision of new roads and footpaths (collectively referred to as ‘highways’ in this Practice Note) is a common feature of many developments. Likewise, many developments require changes or improvements to be made to existing roads and footpaths. Indeed, in some cases, it may be a condition of a planning permission that new highways are built or changes to existing highways infrastructure are made. See Practice Note: Planning conditions—key points. Typically, the developer will intend that, once such works are completed, such new and/or altered highways will be adopted and maintained by the local highway authority (LHA). As a result, agreements under the Highways Act 1980—particularly, in this context, Highways Act 1980, ss 38 and 278—are commonly entered into between the LHA and the developer in order to ensure delivery of the necessary or agreed highways works to the required

Immigration permission that is granted to an applicant which serves to automatically extend leave. It applies where an in-time application is made to vary leave before the initial period of leave expires and is granted under section 3C of the Immigration Act 1971.

Section 4 of PACE 1984 provides a constable with the power to conduct road checks. Under Section 4, police officers conducting road checks can stop a vehicle for the purposes of ascertaining whether the vehicle is carrying a person that has committed an offence, a witness to a offence, a person intending to commit an offence, or a person unlawfully at large. Exercised road checks are carried out in accordance to Section 163 of the Road Traffic Act, in which constables have the power to stop any driving vehicle on the road in a given locality.

This Q&A raises the issue of the extent to which a landlord is able to dispose of an interest in a property which contains residential flats without first having to offer it to those who are the lessees of those flats. Part I of the Landlord and Tenant Act 1987 (LTA 1987) does not make for an easy read. It has been the subject of amendment with a number of sections being inserted to cater for different types of disposal and the manner in which they are to be offered to tenants with the right of first refusal.

The Landlord and Tenant Act 1987 (LTA 1987) provides a mechanism giving qualifying tenants of certain property the right of first refusal where the landlord intends to dispose of its interest in that property. There are significant penalties for failing to comply with the statutory framework. LTA 1987, s 4 deals with relevant disposals for the purpose of the right of first refusal and operates by way of a general provision that the right applies to the disposal by the landlord of any estate or legal or equitable interest in premises, but goes on to set out various exceptions.

A landlord or a tenant may need information about the other’s interest in the property prior to serving a valid notice to renew or to end a tenancy. Either party can serve a section 40 notice requesting information from the other. Why serve a section 40 notice? If a tenant wants to renew a tenancy that is protected under Part II of the Landlord and Tenant Act 1954 (LTA 1954), they must serve a section 26 request on the ‘competent’ landlord. Assuming that the tenant satisfies the qualifying criteria under LTA 1954, s 26(1), the tenant may serve a section 40(3) notice in order to ascertain who the competent landlord is and also discover whether there are any third party interests in the property. Those criteria are that the tenant is occupying under: • a tenancy granted for a fixed term of more than one year (whether or not the tenancy remains within the fixed term or is a statutory continuation tenancy), or • a tenancy granted for a fixed term and thereafter from year-to-year Note

Landlord’s Request for Information About Occupation and Sub-Tenancies Section 40(1) of the Landlord and Tenant Act 1954 To: [insert name and address of tenant] From: [insert name and address of landlord] 1 This notice relates to the following premises: [insert address or description of premises] 2 I give you notice under section 40(1) of the Landlord and Tenant Act 1954 that I require you to provide information- (a) by answering questions (1) to (3) in the Table below; (b) if you answer “yes” to question (2), by giving me the name and address of the person or persons concerned; (c) if you answer “yes” to question (3), by also answering questions (4) to (10) in the Table below; (d) if you answer “no” to question (8), by giving me the name and address of the sub-tenant; and (e) if you answer “yes” to question (10), by giving me details of the notice or request. TABLE (1) Do you occupy the premises or any part of them wholly or partly for the purposes of a business that is carried

This Q&A raises the validity of notices served under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) when exercising the right to claim a new lease of residential premises. The right is exercised by the giving of notice of the claim. The notice must be served on the immediate landlord and any other party to the lease. It must specify certain matters, including particulars of the lease and the tenant’s proposed terms for the acquisition of the new lease. In particular, it must specify the date by which the landlord must respond to the notice by giving a counter-notice under LRHUDA 1993, s 45. That date must be a date falling

Restructuring & Insolvency analysis: The Commercial Court held that section 423 of the Insolvency Act 1986 (IA 1986) applied to a €1 transfer of valuable French-listed shares by a Luxembourg bond issuer to a BVI company, notwithstanding the foreign parties and assets, because the English law bond documents provided a sufficient connection with England. The transfer was invalid, at a substantial undervalue and intended to prejudice creditors. The court also found liability for unlawful means conspiracy and inducing breach of contract, holding that an IA 1986, s 423 transaction can itself constitute unlawful means. Practitioners should note that compensation may remain available despite restoration of the asset, alongside tortious and foreign-law remedies against those involved in the dissipation. Produced in partnership with Dale Timson of Enterprise Chambers.