Statement of truth Our Practice Note Statements of truth, sets out the circumstances in which a solicitor may sign a statement of truth and how it should be signed. You will note from the Practice Note that under CPR 22.1 (6) a legal representative may sign a statement of truth in a statement of case on behalf of a party (see also CPR PD 22, paras 3.1 and 3.7) and CPR PD 22, para 3.10, explains that a legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer, although CPR PD 22, para 3.7 provides that the legal representative must state the capacity in which he signs and the name of their firm where appropriate. Accordingly, it would appear that both the legal representative’s name and their firm should

Tenant in tail in possession A tenant in tail in possession and of full age can bar the entail under the Fines and Recoveries Act 1833 (FRA 1833) by any assurance (ie any conveyance or other transfer) except a Will, by which a fee simple estate may be disposed of. This is known as a disentailing assurance, and must be either made or evidenced by a deed. As the FRA 1833 requires an assurance, a mere declaration that the entail has been barred will not suffice. If the tenant wishes to dispose of the land he makes the disentailing assurance in favour of the grantee, if he wishes to retain it he makes the disentailing assurance to trustees in trust for himself. Since 1925 it has also been possible for a tenant in tail of full age to bar the entail

Section 79 of the Environmental Protection Act 1990 (EPA 1990) specifies, subject to subsections (1A) to (6A), eleven matters which constitute 'statutory nuisances'. These include fumes or gases emitted from premises so as to be prejudicial to health or a nuisance, any animal kept in such a place or manner as to be prejudicial to health or a nuisance, artificial light emitted from premises so as to be prejudicial to health or a nuisance, or any other matter declared by any enactment to be a statutory nuisance. The section provides that it is the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances and where a complaint of statutory nuisance is made by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint. EPA 1990, s 80

The correct procedure for bringing a High Court challenge under Schedule 9 to the Road Traffic Regulation Act 1984 (RTRA 1984) is by using a Part 8 Claim Form. This is because the application under RTRA 1984, Sch 9 allows for a challenge as of right, without the need for permission to apply, which distinguishes it from the procedure under CPR 54 for judicial review claims—see Commentary: Miscellaneous and Supplementary

Part 8 claims Part 8 is generally used for resolving claims that do not involve a substantial dispute of fact. For example, claims to: • decide the construction of a contract • decide the construction of a statute • rectify a trust deed • decide the level of costs to be paid where

Where a party to a claim dies, but the cause of action survives, the claim does not abate by reason of the death. The court has the power to appoint someone to represent the estate of the deceased party where no personal representative has yet been appointed (CPR 19.8 (1)). In addition, where a party dies after the verdict or finding of the issues of fact and before judgment is given, judgment

It is assumed that • the specific activities of the unauthorised person fall within the meaning of reserved legal activities under the Legal Services Act 2007 (LSA 2007) • the private prosecution remains ongoing and has not been concluded LSA 2007, s 14(1) makes it an offence for a person to carry on an activity which is a reserved legal activity unless that person is entitled to carry on the relevant activity. A reserved legal activity includes the following (LSA 2007, Sch 2, s 12): • exercising a right of audience • conducing litigation • undertaking probate activities The laying of information against a defendant in private proceedings constitutes carrying on a reserved legal activity (Media Protection

Where claims have started in the road traffic accident (RTA) portal, the relevant section of the RTA protocol is para 5.7, which states as follows: 'Where compliance with this Protocol is not possible before the expiry of the limitation period the claimant may start proceedings and apply to the court for an order

Solicitors rights to sue for costs and issues As a solicitor you can bring proceedings for recovery of your fees, subject to section 69 of the Solicitors Act 1974 (SA 1974), and may be entitled to other remedies if your fees are unpaid. You may not bring a claim for your costs before the expiry of one (calendar) month from the date on which the statute-compliant bill was delivered. As you mention, this time limit has now passed. It appears that you can either issue Part 7 or Part 8 proceedings

We understand that a further issue of Sterling (fixed-rate?) bonds is proposed. The bonds are to be commercially fungible with existing issues of fungible (fixed-rate) bonds by the same issuer. This means that they must carry the same interest rate even though market rates have fallen since the earlier tranches were issued. That would explain the commercial need to issue the later tranche at a premium to justify what is now a higher-than-market interest rate. We assume that none of the relevant bonds are ‘deeply discounted securities’ within section 430 of the Income Tax (Trading and Other Income) Act 2005, and that

We understand that a further issue of Sterling (fixed-rate) bonds is proposed. The bonds are to be commercially fungible with existing issues of fungible (fixed-rate) bonds by the same issuer. This means that they must carry the same interest rate even though market rates have fallen since the earlier tranches were issued. That would explain the commercial need to issue the later tranche at a premium to justify what is now a higher-than-market interest rate. We assume that none of the relevant bonds are ‘deeply discounted securities’ within section 430 of the Income Tax (Trading and Other Income)

As explained in Commentary: In what circumstances granted: Tristram and Coote's Probate Practice [5.02], a grant of letters of administration with Will annexed is made in the following circumstances, amongst others: ‘(a) Where no executor has been appointed (b) Where the executor appointed in the Will has died in the lifetime of the testator, or after his death without having proved the Will (c) Where the executor has renounced probate, or has been cited to accept or refuse a grant and has not appeared to the citation (d) Where the appointment of