The presumption of advancement means that in the scenario of a father giving money to his child that is spent on a property, the presumption will be that the money was a gift. This displaces the presumption of the resulting trust which would otherwise be in place. The presumption of advancement is generally accepted to be archaic. For example, the presumption of advancement arises when a husband gives

CPR 36 sets out a self-contained procedural code relating to offers to settle made pursuant to its terms. CPR 36 offers are a powerful weapon in a litigator’s armoury due, in particular, to the costs consequences that can flow from a party beating their own offer at trial. By CPR 36.2(3)(a), a Part 36 offer may be made in respect of the whole or part of any issue that arises in a claim, counterclaim or other additional claim. By CPR 36.5(1)(d), a Part 36 offer must state whether it relates to the whole of the claim, or to part of it, or to an issue that arises in it and if so which part or issue. By CPR 20.2 and CPR 20.3, counterclaims

Where the cohabitant is not alleging any interest in the property Under section 36 of the Family Law Act 1996 (FLA 1996), if one cohabitant or former cohabitant is entitled to occupy a dwelling house (defined as a home in which the parties cohabited, or in which they at any time cohabited or intended to cohabit) by virtue of a beneficial estate or interest or contract, or by virtue of any enactment giving them the right to remain in occupation, and the other cohabitant or former cohabitant is not entitled to occupy the family home, the cohabitant or former cohabitant (the applicant) who is not entitled to occupy the family home may apply to the court for an order against the other cohabitant or former cohabitant (the respondent)

Where a person loans money to another person, that money is recoverable by way of an action in debt. Where there is a formal loan agreement, it may contain terms in respect of repayment and default, as well as provisions in respect of interest, security, demands, etc. However, where a loan of money is made to a cohabitant, in many cases, it will not be reduced to writing but rather will amount to an informal agreement that the money will be repaid at some date or event in the future, or on demand. Prior to issuing proceedings, it is important to seek to resolve

In answering this Q&A, we have assumed that the trust fund in question is held as to an undivided half share in trust to pay the income to A during his life, and as to the other undivided half share to pay the income to B during his life. Where a person is entitled to part only of the income of settled property, their interest in the underlying property is deemed to be a similar proportionate

The European Commission has commenced two specification proceedings in order to assist Apple with its interoperability obligations set out in Article 6(7) of the Digital Markets Act (DMA). The first proceeding focuses on various iOS connectivity features and functionalities which are mainly used for and by connected devices. In these proceedings, the Commission seeks to specify how Apple is to provide effective interoperability with notifications, device pairing, connectivity and other functionalities. The second proceeding looks at the process Apple has set up for addressing interoperability requests submitted for iOS and iPadOS by developers and third parties. Such process must be transparent, timely and fair. Both proceedings are due to conclude within six months of their opening.

Here, the tenant has purported to serve two notices on his landlord pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), which provides: ‘(3) The tenant's notice must: • (f) specify the date by which the landlord must respond to the notice by giving a counter-notice under section 45’ Section 42(3) sets out a number of particulars which must be included in the notice. In Keepers and Governors of John Lyon Grammar School v Secchi, the Court of Appeal was concerned with the validity of section 42 notices where the landlord contended that the

The Financial Conduct Authority (FCA) has announced that, on 27 March 2024, Larry Barreto and Tassib Hussain were sentenced for fraud offences following a prosecution brought by the FCA which saw the pair convicted in November 2023. The FCA has begun confiscation proceedings to recover ‘considerable financial benefit obtained by the defendants’.

Chargeable transfers made by the same transferor on the same date share the available nil rate band of the transferor, as if they had comprised a single transfer of the combined value, due to section 266(2) of the Inheritance Tax Act 1984 (IHTA 1984), but where the value transferred depends on the order in which the transfers are made, they are treated for inheritance tax as made in the order which results in the lowest value chargeable, due to IHTA 1984, s

Section 1(1) of the Child Support Act 1991 (CSA 1991) provides that, for the purposes of CSA 1991, each parent of a qualifying child is responsible for maintaining that child. CSA 1991, s 1(2) goes on to state that a non-resident parent shall be taken to have met their responsibility to maintain any qualifying child by making periodical payments of maintenance for such an amount, and at such intervals, as may be determined in accordance with CSA 1991. A parent is a ‘non-resident parent’ for the purposes of CSA 1991, and therefore liable to pay maintenance to the resident parent, if that parent is not living

This Practice Note summarises the law in relation to divorce proceedings relying on two years' separation and consent issued prior to 6 April 2022. It explains what is meant by living apart and how to calculate the two-year period and prove consent. Circumstances in which a respondent may apply for consideration of their financial position after divorce are also considered. See Practice Note: Restrictions on decree being made absolute—divorce. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020 ) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force

Property analysis: On a claim for collective enfranchisement, was the negative value of a headlease held by a party unconnected to the freeholder to be deducted from the value of the freeholder’s interest in the premises, and if so was the freeholder entitled to compensation for the loss suffered as a result of the acquisition of the freehold? Richard Quenby, a supervisory lawyer in the real estate team at Berwin Leighton Paisner, discusses recent developments in the Upper Tribunal (UT).