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An application for a European Enforcement Order (EEO) is an alternative procedure to Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the EU Maintenance Regulation). An
Q&As
The practical procedure for changing the name of a child under the age of 18 is that there can either be an unenrolled deed poll, which could be prepared by a solicitor or specialist agency, or an enrolled deed poll from the Royal Courts of Justice. The former will not always be accepted as proof of a change of name by every agency. A copy of the enrolled deed poll to change a child’s name can be found here.
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Please see Precedents: Summons for discontinuance of caveat: Atkin's Court Forms [62] and Summons for discontinuance of caveat after appearance to warning (Family Division): Tristram and Coote’s Probate Precedents [A6.223]. Note that the summons must be endorsed with the consent of the caveator. There is no application notice applicable, and no draft order required. This is done by summons endorsed by the District Judge or Registrar. The application is made and determined prior to the application for a grant of probate. There is no court attendance required if by consent summons. Subsequent proceedings: Tristram and Coote’s Probate Practice [23.71] states: After entry of appearance,
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Surplus proceeds A mortgagee is not a trustee of his power of sale for the mortgagor. If the mortgagee sells the mortgaged property under his power of sale and there is any surplus after his claims have been satisfied, he becomes a trustee of the surplus for unbarred second or subsequent mortgagees of whose claims he has notice and, subject to those claims, for the mortgagor if the mortgagor's title is not barred (see section 105 of the Law of Property Act 1925
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A substitutional appointment of a named alternative executor is valid, but the district judge will need evidence that the circumstances giving rise to the substitution
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It is unclear from the question whether this is letters of administration or letters of administration with Will annexed. It is assumed that it is intestacy and there is no Will that has permitted self-dealing for the personal
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Execution of contracts and deeds A partnership is not a legal entity and cannot enter into contracts in its own name. Accordingly, the partners have the authority to enter into contracts on behalf of the partnership. In the absence of provisions to the contrary, all partners will stand on an equal footing and will usually have broad authority to bind the other partners when they contract on behalf of the partnership in the ordinary course of its business. However, any given partnership may have bespoke arrangements in place in relation to the authority of its partners and responsibility for contracting on behalf of the partnership,
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This Q&A looks at the options available to an English private limited company which has adopted the Model Articles for Private Companies Limited by Shares (Model Articles) to authorise the company to grant an option to its sole director, who is also the sole shareholder, to purchase shares held by that company in a third company as required under Companies Act 2006 (CA 2006), ss 190–194, which restrict and control substantial property transactions entered into between a company and its directors, and their interaction with the director's statutory duties to declare their interest in a transaction with their company, only to exercise powers for the purposes for which they are conferred and to promote the interests of the company. CA 2006 provisions A company may not enter into a substantial property transaction with one of its directors unless it is approved by the members of the company or it is conditional upon such approval being obtained. For
Q&As
Applications to court The landlord or the tenant can apply to the court for an order for the grant of a new tenancy (and therefore termination of the existing tenancy) under section 24(1) Landlord and Tenant Act 1954 (LTA 1954), but only after: • service of a section 25 notice, or • service of a section 26 request—and the court will not entertain an application for the grant of a new tenancy until two months after service of the request unless the application is made after the landlord has given notice under section 26(6). Unopposed proceedings The proceedings will be governed by CPR 56 and CPR PD 56, which provide (CPR PD 56, para 2) that an unopposed application should be made
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Process The process involved in transfer of equity requires the following steps to be completed: • gain possession of title deeds (or an official copy from HM Land Registry) • preparation of the Transfer of Equity Deed, and arrangement for the parties to sign it in front of a witness • notification to be given to any third party who has an interest in the property ie the bank that provided the mortgage. In the case the property is mortgaged, it is necessary to provide written consent in order for a transfer of equity to take place (we note that in the scenario you describe there are no charges) • calculation of whether stamp
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Where a trustee in bankruptcy is unable to realise their interest in a property comprised in the in the bankrupt's estate which is occupied by the bankrupt, their present or former spouse or civil partner, they have the power to apply to court for a charge under section 313 of the Insolvency Act 1986 (IA 1986). The purpose of introducing the power into the IA 1986 was to enable the trustee (in circumstances where they were not able to dispose of the bankrupt's interest in a dwelling house by the time they
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Where a person gives evidence by way of witness statement rather than attending trial to give evidence orally (thereby depriving the other parties of cross-examining them on their evidence), this will constitute hearsay evidence. A party wishing to rely on hearsay evidence in proceedings is required to give notice of that intention to the other parties (see section 2(1) of the Civil Evidence Act 1995 and CPR 33.2). Where the hearsay evidence is in a witness statement and the witness will not be called to give oral evidence, there is a requirement to give informal