If an application is required for the payment out of money from a fund administered by the Court of Protection, that application must be made to the Court of Protection. Furthermore, where the fund is administered by the Court of Protection, any payment out of money from that fund must be in accordance with any decision or order of the Court of Protection. The first point of reference is the Practice Direction 24B—Where P Ceases to Lack Capacity or Dies which supplements Part 24 of the Court of Protection Rules 2017, SI 2017/1035. Both are essential reading for any practitioner dealing with a claimant who has regained capacity. As is made clear in Paragraph 4 of Practice Direction 24B—Where P Ceases to Lack Capacity or Dies: ‘An

Transfer of land after PCTs As a result of the Health and Social Care Act 2012 (HSCA 2012), primary care trusts (PCTs) and strategic health authorities (SHAs) within the NHS ceased to exist on 31 March 2013. We refer you to the following guidance from the DoH: PCT Estate: future ownership and management of estate in the ownership of Primary Care Trusts in England, which sets out the arrangements for PCT-owned estates and its transfer to new owners. See in particular the chapter entitled 'Transfers of PCT-owned estate'. Under the National Health Service Act 2006 the Secretary of State for Health may order the transfer of land held on lease to a CFT or other NHS Trust. HSCA 2012 provides that the Secretary of State may in connection with the abolition of a PCT make a

The first step is to seek to agree the defendant’s costs with the claimant as soon as possible to avoid detailed assessment proceedings. If the costs cannot be agreed the defendant will need to commence detailed assessment proceedings. There are strict time periods which need to be complied

A personal representative is under a duty to collect in and administer the estate of the deceased, and to distribute it in accordance with the will or the intestacy rules. However, it is sometimes the case that a beneficiary will not co-operate or cannot be found. In those circumstances a distribution will cause potential difficulties to the personal representative, both of a practical nature (an inability to confirm the identity of the beneficiary or to know where to pay to them) and of a legal nature (as any maladministration of the estate or an erroneous distribution could lead to personal liability). In those circumstances there are a number of potential ways in which the personal representatives can comply with their obligations.

Practice Note: Lost Will procedure explains what steps maybe taken where: the Will cannot be found and a copy/draft is available, the Will cannot be found and there is no copy available but there is evidence of content of the Will when executed, the original Will is held abroad, the Will is believed to held by an individual who will not release it and the Will was lost but is later found. The application for the order If the original Will or codicil still cannot be found and is therefore lost or has been accidentally destroyed, probate of a draft, copy or reconstruction of the Will or codicil may be

Due diligence In this Q&A we have assumed that the company in question is a private company limited by shares. If a company has lost all statutory books, or they have been destroyed, the company will need to piece together what has happened in order to reconstitute them. There is no formal process which must be followed in doing this, and the company will need to complete some due diligence in order to reconstitute the company books. The provisions of the Companies Act 2006 (CA 2006) require certain statutory registers to be kept by a company (see

It is assumed that this Q&A refers to the statutory provisions as they apply in England, on 24 January 2024. Section 78 of the Building Act 1984 (BA 1984) is engaged where it appears to a local authority that a building or structure, or part of a building or structure, is in a dangerous state and that immediate action should be taken to remove the danger. It authorises the authority to take ‘such steps as may be necessary for that purpose’ (BA 1984, s 78(1)). BA 1984, s 78(3) provides for recovery of expenses reasonably incurred from the building owner ‘subject to this section’. BA 1984 defines ‘owner’ at BA 1984, s 126, generally the person receiving, or entitled to receive, a rack-rent for the building, and BA 1984, s 78(5) requires that the court inquire whether the local authority might reasonably have proceeded under BA 1984, s 77(1) (ie

Procedure if goods are left at premises after landlord takes back possession If, following a landlord taking back possession of premises (by peaceable re-entry, court order or upon determination of the lease by effluxion of time or break notice etc) the former tenant has left any goods at the premises, in the absence of any express terms in the lease dealing with this scenario, the landlord will become involuntary bailee of the goods and could be liable in conversion if they sell the goods and offset them against arrears, or for damages if they dispose of the goods. As bailee, the landlord has both rights and obligations. The goods are not his. They remain the property of the bailor (ie the tenant or other third party owner). His rights over the goods are regulated by the Torts (Interference with Goods) Act 1977 (T(IG)A 1977). The landlord

Non-Contentious Probate Rules 1987, SI 1987/2024, r 37(3), provides that: ‘(3) A renunciation of probate or administration may be retracted at any time with the leave of a [district judge or] registrar; provided that only in exceptional circumstances

The rules as to the service of application forms/notices and other documents in family proceedings out of the jurisdiction of England and Wales, and the procedure for service, are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 and FPR 2010, SI 2010/2955, 6.40–6.48. This is supplemented by FPR 2010, PD 6B. Documents can be served out of the jurisdiction without the permission of the court (FPR 2010, SI 2010/2955, 6.41). The rules differ depending on where service is intended to take place, and tend to include a longer time limit for acknowledging service. There is a detailed table setting out the different time limits in FPR 2010, PD 6B, and where an application notice or order is served out

The landlord may have obligations to repair under an express term of the lease or, if a residential landlord, arising from an implied statutory obligation. Express obligation Where there is an express term in a lease to repair a property, at common law the general rule is that the covenant obliges the covenantor to keep the property in repair at all times, such that there is a breach as soon as a defect occurs. As the landlord may not be present at the building constantly, there is an exception to the general rule; a breach only occurs when the landlord had information about the existence of the defect and had failed to carry out remedial works with reasonable expedition. Therefore, where a landlord covenants to repair property which is demised to the tenant, the obligation to carry out the repair is subject to an implied term that his liability does not arise until he has notice of the defect. The landlord’s obligation is to carry out

Tenant company Under section 1 of the Housing Act 1988 (HA 1988), only an individual(s) can hold an assured tenancy (AT) and accordingly an assured shorthold tenancy (AST). Therefore, a company cannot hold an AST. See Commentary: Letting must be to an individual who has his main home in the dwelling-house: Claims to the Possession of Land [C3.5]. It is also unlikely that the tenant company holds a business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) on the basis that it is unlikely the tenancy falls within the definition under LTA 1954, s 23, ie a tenancy is within LTA 1954 if the whole or a part of the demised