Where the planning application relates to a site that straddles one or more local planning authority boundaries, the applicant must submit identical applications to each local planning authority. The planning fee is payable solely to the authority of wherever area contains the larger or largest part of the whole application site. Under the Localism Act 2011, local authorities have a duty to cooperate on preparation of their local plans in the context of strategic cross boundary matters.

If the tenant fails to make an application to court or agree an extension of time before the expiry of the ‘statutory period’ (the day before the date specified in the section 26 notice for the commencement of the new tenancy), the tenant will lose its statutory right to renew its lease pursuant to the Landlord and Tenant Act 1954 (LTA 1954). The landlord would be entitled to recover possession of the premises, and would have no obligation to offer the tenant a new lease. The tenant may still be able to negotiate

Under section 16 of the Offences Against the Person Act 1861 (OATPA 1861), a person who without lawful excuse makes to another a threat, intending that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment

It is assumed that the query refers to an express trust, with expressly appointed trustees. It is also assumed that the trust in question has been recently established and the trustee wishes to disengage from the trust unilaterally and without the need to go to court. A disclaimer or refusal to act in the trust takes effect ab initio and vests the trust property, as from the date when the trust disposition came into operation, exclusively in the trustees who consent to act. A trustee can retire under section 39 of the Trustee Act 1925 (TA 1925) without appointing a new trustee,

Pursuant to paragraph 37 of Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), EMI options may be granted under a set of plan rules with an accompanying option agreement, or by way of a standalone share option agreement, as long as the relevant agreement is written and contains specific information. The specific information includes whether the shares are restricted at the date of grant, and if so, the details of the restrictions including those that do not reduce the market value of a share. In respect of EMI schemes, the guidance states that the restrictions must be identified for participants and it is not sufficient for the company to refer generally to its articles of association or

What are UK sanctions? Sanctions are non-permanent restrictions or prohibitions imposed by the UN, EU or national governments that regulate how people and companies engage with sanctions target countries or regimes. For example, sanctions may prohibit certain types of goods from being exported to or imported from a sanctions target country, or may identify individuals, companies or vessels in that other country with whom it is prohibited to do business. Sanctions are an essential foreign policy tool. They can be made against countries, regimes, organisations, individuals and entities. They are intended to bring about a change in policy or activity in the target country, region, government, companies or individuals. There should, therefore, be a link between the target of the sanction and the overall foreign policy objective. Sanctions may be classified by category, such as trade, financial, transport or immigration sanctions. This distinction is descriptive of the type of prohibition and determines which government department applies and enforces the sanctions. For more information,

The court has significant powers upon the granting of a decree of divorce to divide up the matrimonial assets. These powers are contained in the Matrimonial Causes Act 1973 (MCA 1973) and enable to the court to make orders for maintenance, property adjustment orders, lump sum orders and pension sharing orders. If a spouse dies prior to the pronouncement of decree absolute, the court will not be able to bring the marriage to an end and the surviving spouse is a widow or widower. As decree absolute cannot as a result be pronounced, the court is unable to make an order for financial remedies. In Sugden v Sugden, Denning LJ confirmed that ancillary relief was not a claim that subsisted against the personal representatives of the estate unless an order had already been made and was effective. As a final order cannot be effective

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime [Archived]. What is pre-contractual information? As the name suggests, pre-contractual information (PCI) consists of prescribed information that must be provided to a prospective borrower under a regulated credit agreement, in advance of the credit agreement being executed. Depending on the applicable regulations the information may need to be set out in a prescribed form and be accompanied by prescribed statements of protection and remedies. There are separate requirements for quotations and adequate explanations which are outside of the scope of this Practice Note. The specific requirements are contained in the following regulations and rules: • Consumer Credit (Disclosure

There is no definite answer to this question and no current practical guidance from government exists on this point. However, the approach to be taken in such circumstances would depend on the drafting of the particular provision in the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596 which is being relied on, and would be based on a question of law to be resolved by the courts if challenged. Nevertheless, the following considerations may apply: • one consideration is that the confirmation that prior approval is not required, cannot be relied on to grant planning permission. This is based on the view that the GPDO, SI 2015/596, art 3(1) grants planning permission for the classes of development prescribed in the GPDO,

If the petitioning creditor fails to attend the hearing and the bankruptcy petition is dismissed, then no further bankruptcy petition may be presented by the petitioning creditor (either alone, or jointly with another creditor) against the debtor in respect of the same debt without the permission of the court. Under the Practice Direction on Insolvency Proceedings (PDIP, para 12.6.1(2)), the court can

Requirement of notice of intended prosecution A notice of intended prosecution (NIP) is a notification, usually by the police, that a prosecution is being considered against an individual for a specified road traffic offence. A NIP must be served in certain road traffic cases pursuant to section 1 of the Road Traffic Offenders Act 1988 (RTOA 1988). For information on how to satisfy the requirement of serving a NIP, see Practice Note: Notice of intended prosecution in road traffic cases. Note, that RTOA 1988, s 1(2) creates a presumption, that a NIP has been served where the notice ‘was sent by registered post or recorded delivery service addressed to him [the accused] at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him’. See Gidden v Chief Constable of Humberside (para 11). The Giddens case is also authority for the proposition that when a notice

This advice is current as at 26 March 2020 but may be updated as more guidance becomes available. The rules on creditors’ meetings The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 provide a revised scheme for decision making in insolvency proceedings from 6 April 2017. Previously, decisions were to be made at meetings. The IR 2016, SI 2016/1024 seek to limit the number of physical meetings held and now make clear that where a decision is to be made by either a qualifying decision procedure, a creditors’ decision procedure or a deemed consent procedure, the rules set out in IR 2016, SI 2016/1024, Pt 15 apply. Physical meetings have not been abolished entirely; however, they now only