Arbitration analysis: LexisNexis Arbitration hosted participants from the ICC Western Europe Group Academy of Arbitrators programme for a discussion on the qualities that define effective arbitrators in today’s dispute resolution landscape. The event formed part of the inaugural LexisNexis Arbitration Lunch, held at Lexis House in London, which brought together senior arbitration practitioners representing 12 nationalities.

Family analysis: In Re JW (children) (care order), the Court of Appeal considered the difference that exists in the approach taken by courts in different regions when deciding whether a care order, supervision order or no order should be made when public law care proceedings end with a plan for the subject child to be placed or remain living at home with their parents. In broad terms, if a line is drawn between Hull down to Bristol and beyond, courts in England and Wales that are north and west of that line will make a care order in such cases, whereas courts to the south and east of the line will normally make a supervision order or no order. The President of the Family Division, Sir Andrew McFarlane, noted that the difference of approach is striking and something of a ‘hot potato’ as family courts across England and Wales try to conclude public law care proceedings within the statutory 26-week time limit pursuant to section 32(1) of the Children Act 1989 (ChA 1989). Poonam Bhari, barrister at 3PB Chambers, considers the issues.

What is a civil servant? A civil servant is any permanent, non-political employee of central government—servants of the Crown, apart from members of the armed forces. The civil service consists of the Home Civil Service, and the Diplomatic Service. It does not include: • judges • police officers, who hold independent offices • employees of Parliament, who do not serve the government • local government employees • NHS employees • ministers, who serve in a political role In practical terms, a civil servant is someone employed by a government department. Government departments Much of work of the executive is carried out by government departments, such as the Home Office, or the Department for Work and Pensions, headed by ministers but staffed by civil servants. The most senior civil servant in a department is called the Permanent Secretary. Government departments do not have a legal personality of their own. They are aspects of the Crown, but can sue and be sued under the Crown Proceedings Act 1947. A civil servant is regarded

We have assumed for the purposes of this Q&A that the estate in question is solvent. Debts incurred by testator During the lifetime of the testator, they will enter in obligations in respect of contracts, covenants, debts, duties etc. Generally, these obligations will subsist after their death and while their personal representative (PR) will not be a party to those matters, those obligations can remain enforceable against the estate in the hands of the PR. See Practice Note: Administration actions—personal representatives and the deceased's liabilities and Administration actions—overview for further guidance. Executors’ duties A PR is a fiduciary. See Practice

We refer you to the following content in your research: • Practice Note: Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations • Q&A: Where a discretionary trust deed and the title deeds to an unregistered property held within the trust have all been lost,

By statute, when a grant of probate is made with respect to a deceased’s estate, any Wills or other documents that are relevant to that grant must be open to inspection, subject to the control of the High Court and the probate rules. The current statutory provision is section 124 of the Senior Courts Act 1981. The Non-Contentious Probate Rules 1987, (NCPR 1987), SI 1987/2024,

In the circumstances described, the buyer will usually insist that the arrears are paid before the sale completes (if necessary, by reduction in the purchase price). That is because, on

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) includes provisions entitling a qualifying tenant to acquire a new lease. The process is commenced by the tenant serving a notice pursuant to LRHUDA 1993, s 42 upon the landlord. The notice must state the full name of the tenant and the address of the relevant flat, identify the property and the lease, specify the proposed premium and terms and give the date by which the landlord must respond (LRHUDA 1993, s 42(3)). The landlord upon whom notice must be served is the ‘competent landlord’, being the landlord who has sufficient interest to grant the lease extension (LRHUDA 1993, s 40).

This Q&A deals with the question of whether it is possible for a supplier to restrict active sales by members of a

Patent systems are intended to foster innovation, not to impede it. For this reason, the patent laws of many jurisdictions contain exemptions to infringement for experimental use of patented inventions. This Practice Note examines the two principal research exemptions to patent infringement available under UK law, namely, the general experimental use exemption and the specific ‘Bolar-type’ exemption, including how they have developed and how they may continue to do so in the future. It also discusses the supplementary protection certificate (SPC) manufacturing waiver which provides an exception to infringement of SPCs (SPCs extend the patent protection for certain medicinal products). Following Brexit, the body of EU-derived laws has been preserved and converted into UK domestic law with effect from IP completion day (11 pm on 31 December 2020). Relevant Assimilated EU law and Brexit SIs are discussed in the Bolar-type exemption and SPC manufacturing waiver sections below. Assimilated law is the name given to retained EU law (‘REUL’) which remains in force

Property analysis: Many leases give the landlord a right to enter the land ‘for all reasonable purposes’. Here, the Court of Appeal, led by Lord Justice Lewison, gives guidance as to how such rights should in general be interpreted, and explores their practical meaning and extent. The Court of Appeal held that the landlord’s right to enter the land ‘at all reasonable times and for all reasonable purposes’ allowed the landlord to conduct environmental and other surveys in connection with permitted development of Mr Rees’ tenanted farm as part of a new town, and to do the things incidental to such surveys. The Court of Appeal dismissed Mr Rees’ appeal against the trial judge’s finding that the fixing of ‘Anabat’ bat detector boxes on trees was permissible under the lease. Written by Christopher McNall, barrister, at 18 St John Street Chambers, Manchester.

This Practice Note covers the role and duties of the facility agent in a syndicated loan transaction (defined in the Loan Market Association (LMA) documentation simply as the ‘Agent’), with reference to relevant provisions in the LMA’s investment grade and leveraged facilities agreements. It also considers the rights of the facility agent and methods it may employ to protect itself and exclude liability whilst carrying out its role as facility agent. This Practice Note also considers the mechanisms for the appointment and resignation of the facility agent. What is a facility agent? The facility agent is an important party in a syndicated loan transaction. In summary, it acts as the representative for the lenders under the facility agreement and as a ‘post box’ between various parties in the transaction. Its role is an administrative one, managing the communication and money flow between the lenders and the borrower. With such a critical role in a syndicated transaction, it is very important to set out the scope of its role and duties very precisely in the facility documentation. Where