When looking to make an application to restore a company, applicants must consider where and how they should file and issue their claim form. An applicant will be likely to have more than one option for where to make their filing. The government guidance Claiming money or property from dissolved company – restore a company by court order indicates that the applicant should by default look to make the filing at the nearest county court to the company’s registered office at the time it was dissolved. However, the

It is important to consider the rights of the tenant, the common law and statutory assumption of capacity and the formal tests for mental capacity which vary depending on the context of the action in question. In particular, section 1(2) of the Mental Capacity Act 2005 (MCA 2005) provides that 'A person must be assumed to have capacity unless it is established that he lacks capacity'. For more information on mental capacity, see Practice Note: Mental capacity—an introduction. For information on when a person may

The UK recognised Kosovo as a State on 18 February 2008 the day after it declared independence. The

What is the appropriate standard of repair for a tenant? This Practice Note covers what a covenant to repair requires a tenant to do, what to ‘well and substantially repair’ means, the relevance of the original state and condition, whether a high rent attracts a higher standard of repair, if repair is the same as good condition, fair wear and tear exceptions, what a tenant needs to do to comply with their repairing obligations and whether to repair or replace. Unless there is clear wording to the contrary (eg a schedule of condition), a covenant to repair requires the tenant to undertake work that, having regard to the age, character and locality of the property, would make it reasonably fit for occupation by a reasonably minded incoming tenant of the class who would be likely to take it, taking a lease on the same terms as the actual lease. A covenant 'well and substantially to repair' does not require the tenant to put the property into perfect repair or pristine condition,

Section 38(1) of the Agricultural Tenancies Act 1995 (ATA 1995), confirms that ‘agriculture’ includes market gardens and nursery grounds, but note that, as a matter of common English, a market garden is a micro farm and not a garden centre and a nursery is essentially a breeding ground for plants from seed, rather than livestock. As a result, many ‘garden centres’ will not qualify as agricultural use if they are simply selling plants and other items which are bought in. Note, also, that whether a tenancy is a farm business tenancy is not a matter of choice for the parties. They cannot opt into the regime (for example to avoid the security of tenure of Part II of the Landlord and Tenant Act 1954 (LTA 1954) for commercial lettings), nor can they opt out of it (for example, by contracting back into the Agricultural Holdings Act 1986 (AHA 1986)). Background A tenancy is a farm

The starting point is generally for the most up-to-date valuation available to be ultilised. In FZ v SZ, Mostyn J indicated (in a case where there was discussion as to the method of valuation to be used) at para [118] that: ‘…simple rules are required to be applied in the vast generality of cases. This is because the family justice system depends on the majority of ancillary relief cases settling. There are enough vagaries attaching to the distributional stage of the exercise without introducing similar vagaries to the computational phase. It is hard enough for judges to advise at [financial dispute resolution appointments] what the result should be without having to grapple with different measurements or concepts of value of the assets in question. If the adoption of present market value results in rough justice in some cases

It is not standard practice, as far as we are aware, for a landlord’s or a tenant’s solicitors to warrant to the tenant/landlord that their client’s part of the lease is executed correctly. This is on the assumption that neither are foreign companies in which case an opinion letter is usually obtained dealing with

For the purposes of this Q&A we have assumed that the contract is a business to business contract; additional considerations may apply where the contract is with a consumer. We also assume that the signing party has the necessary authority to do so. The general rule is that a person who accepts an offer made in a written document by signing and delivering that document is

Under section 18(7) of the Employment Tribunals Act 1996 (ETA 1996), anything communicated to a conciliation officer in connection with the performance of their functions

Section 8 of the Administration of Estates Act 1925 states: ‘(1) Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the others or other to prove, all the powers which are by law

Non-molestation orders are governed by section 42 of the Family Law Act 1996 (FLA 1996). A non-molestation order is an order containing a provision prohibiting a person from molesting another person who is associated with them and/or from molesting a relevant child. The court can make such an order on the application of an associated person whether or not in other family proceedings or in any family proceedings without an application if the court considers the order should be made for the benefit of any other party to the proceedings or a relevant child. By FLA 1996, s 42(5), the court, in deciding whether to exercise its powers and if so in what manner, shall have regard to all the circumstances including the need to secure the health, safety and well-being of the applicant and of any relevant child. Applications for a non-molestation

Cross-decrees There is one ground for a divorce, and that is that the marriage has broken down irretrievably. However, the court cannot make a finding of irretrievable breakdown unless it is satisfied that one or more of the five facts set out in section 1(2) of the Matrimonial Causes Act 1973 (MCA 1973) has been proved. The rules concerning the procedure for applying for cross-decrees are not as clear as they could be, and, as a consequence, there are differing views as to the approach to be taken. If the respondent in divorce proceedings wishes to seek a matrimonial order against the petitioner, then, within the prescribed time period, they must issue their own petition, unless the court gives permission to do so afterwards (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.14). Butterworths Family Law Service notes that while it may normally be the case that a respondent