When the donor of a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) has lost mental capacity or is becoming mentally incapable, the attorney is under a duty to take steps to register the LPA/EPA (see Practice Notes: EPAs—registration

If there is a determined lease on the face of the office copy entries of the title your client is seeking to buy, then this should either be removed by the seller prior to sale (preferable), or the seller should provide the buyer with all the relevant evidence of determination (see below) to enable the buyer to remove the lease during its registration process, together with an indemnity in the sale contract to deal with all matters and cover all costs in connection with the removal of the lease from the register. Practice guide 26: leases—determination sets out in detail what evidence is required by the Land Registry to remove the entry relating to the determined

A partner’s authority to act on behalf of a partnership is based on agency. Each partner is an agent of the partnership and the other partners for the purpose of the partnership’s business and can bind it, and them, by any action the partner takes in the ordinary course of the partnership’s business, unless the partner does not, in fact, have the authority to act for the partnership in a particular matter and the person with whom they are dealing is aware of this fact or does not know or believe them to be a partner (section 5 of the Partnership Act 1890 (PA 1890)). Where a partner purports to act on behalf of the partnership otherwise than in the ordinary course of its business, the

An application for indefinite leave to remain in the UK on lawful long residence grounds is made with reference to paragraphs 276A, B–D of the Immigration Rules. An applicant must establish ten years’ continuous lawful residence in the UK; paragraph 276A provides a significant amount of guidance as to the meaning of 'lawful residence', but residence as an EEA family member is not included in the definition of ‘lawful residence’ in paragraph 276A(b). The Modernised Guidance on Long residence explicitly deals with such residence at page 24. There is it confirmed that time spent in the UK as an EEA family member 'does not count as lawful residence under paragraph 276A', but explains that a UK Visas and Immigration (UKVI) caseworker

It is assumed that the question relates to an assured shorthold tenancy under the Housing Act 1988 (HA 1988). Evidence as to the nature of the tenancy agreement—for example: • fixed-term oral tenancy—these can be created so long as the fixed term is less than three years (section 54(2) of the Law of Property Act 1925) • originally fixed term which then became a statutory periodic tenancy on expiry under HA 1988, s 5(2), or • the tenancy may have been periodic from the outset will need to be provided in the particulars of claim. Any further information that would help to set out the terms of the agreement, such as email exchanges or other correspondence, should be included in a witness statement. The landlord will

‘Seisin’ is a medieval legal concept reflecting the idea of possession by a freeholder. Where two neighbouring plots of land are owned in fee simple by the same person, and the freeholder is in occupation of both plots, ‘unity of seisin’ is said to apply. Where one or both of the two plots was the subject of an easement, profit a prendre or a restrictive covenant for the benefit of the other, the

The Prospectus Regulation, Regulation (EU) 2017/1129 will apply in the EU from 21 July 2019 but some provisions apply from an earlier date including Articles 1(3) and 3(2) which applied from 21 July 2018. For more information, see Practice Note: The Prospectus Directive and ECM—when is a prospectus required? [Archived] Article 1(3) exempts from the entire scope of the prospectus regime all offers of securities to the public with a total consideration within the EEA of less than €1m, calculated over a period of 12 months. This is an EEA wide exemption and Member States cannot require a prospectus for offers to the public below this threshold. Individual Member States can however impose other disclosure requirements at a national level provided they do not constitute a ‘disproportionate or unnecessary burden’. Article 3(2) gives each Member State the option to exempt offers of securities to the public

As a matter of general English trust law, trust income must bear all ordinary outgoings of a recurrent nature, such as rates and taxes, and interest on charges and incumbrances, whereas trust capital must bear all costs, charges and expenses incurred for the benefit of the whole estate. See Carver v Duncan (Inspector of Taxes); Bosanquet v Allet (Inspector of Taxes). The trust instrument can modify this basic principle. It is important to note that the characterisation of an expense for trust law purposes may not guarantee its deductibility for tax purposes, depending on the fiscal regime to which the trust is subject. For example, English tax

The High Court has acknowledged that there is no general rule that all expert evidence is disclosable regardless of privilege. In particular, there is no authority under the CPR or in case law relating to the status of an undisclosed report which was prepared by an expert at the same time as another report by the same expert which has been disclosed. In some cases, the spirit of openness promoted by the CPR will trump privilege if the expert evidence is pivotal whereas in other cases this could give rise to injustice; a pragmatic approach is required.

The starting point is section 29(1) of the Land Registration Act 2002 which states that if a registerable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration. A registered chargee takes subject to any prior mortgages and charges which are protected by notice on the register or are overriding, but free from all others. The following extract from Calnan on Taking Security is interesting and on point: ‘Where a registered mortgage is taken over a patent or patent application

This can be a difficult question in practice, depending on a couple’s circumstances, as the two categories have some opposing requirements. In particular, an applicant for a partner visa under Immigration Rules, Appendix FM must satisfy the decision-maker that both they and their partner intend to reside together in the UK permanently; while the visitor applicant must show the opposite—that the applicant’s life and place of residence remains outside the UK and the applicant has no intention of staying in the UK beyond six months granted by the visitor visa (or in each trip, in relation to a multiple entry visa holder). Some key relevant factors are set out below. Visitor visa Visitor applicants must satisfy the decision-maker that they are a genuine visitor (see Practice Note: Visitor: eligibility), specifically that they: • will leave the UK at the end of their visit • will not live in the UK for extended periods through frequent or successive visits, or

A 'night worker' is one who: • 'as a normal course' works at least three hours of their daily working time during night time • is specified as a night worker in a collective agreement or workforce agreement For further information generally, see Practice Note: Hours of work and working time—Night work. 'Night time' is, by default,  the period between 11pm and 6pm. This can be varied by a relevant agreement (eg a contract of employment) to be any period which: • is a period of not less than seven hours, and • includes the period between midnight and 5am A person work hours 'as a normal course' (without prejudice to the generality of that expression) if they work such hours on the majority of days on which they work. This has been