A tenant or local housing authority (LHA) may make an application for a rent repayment order (RRO) pursuant to section 41 of the Housing and Planning Act 2016 (HPA 2016) requiring a landlord to repay an amount of rent paid by a tenant or to pay an LHA housing benefit or universal credit which had been paid in respect of rent. A tenant may apply for a RRO where: • an offence

Where the rules of an enterprise management incentives (EMI) share option scheme allow for the rules to be amended, the amendment is often possible subject to any prior shareholder approvals that must be sought pursuant to the rules of the EMI scheme, any shareholders’/investor agreements or any other constitutional documents of the company. If no approvals are required, a board resolution may be sufficient authority to make the required changes. As each EMI option is a contract between the grantor and the option holder, the option holder's agreement may also be required in each case, depending upon the nature of the particular amendment. The more pertinent issue is whether the specific amendment will affect the tax-advantaged treatment of any subsisting share options that have been granted

As explained in commentary: Amendment of grant: Tristram and Coote's Probate Practice [16.01], it may be necessary to amend a grant for various reasons, for example: • an error may have been discovered in the grant, or a document may have been found which must be incorporated • an error may have been discovered in the probate copy of the Will, or • settled land may have been improperly included or excluded The

CPR PD 55A para 1.5 provides that the claimant must use the appropriate claim form and particulars of claim set out in table 1 of CPR PD 4, which table prescribes Form N119 as the appropriate form in the case of rented residential premises. However, the version of CPR PD 4 introduced in October 2021 abolishes tables 1, 2, and 3. CPR 4(1) now states that the forms set out in the Practice Direction shall be used in the cases to which they apply, but by CPR 4(2) a form may be varied by the court or a party if the variation is required by the circumstances of a particular case,

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. An individual voluntary arrangement (IVA) is approved if 75% of creditors vote in favour of the bankrupt debtor’s proposal at a creditors’ meeting called for the purpose (section 257 of the Insolvency Act 1986 (IA 1986)). An IVA can only be proposed by a bankrupt prior to discharge from bankruptcy (IA 1986, s 255(1)(b)). The position pre-1 April 2004 Before 1 April 2004, IA 1986, s 261 allowed a bankrupt whose proposal was approved by creditors to apply to the court for an annulment of the bankruptcy order. However, the court had a discretion as to whether to do so, or whether to give directions as regards the future conduct of the bankruptcy. The position post 1 April 2004 IA

Where a number of executors have been appointed by a Will and probate has been granted to one or some (not more than four) but not all of them then, those who have not renounced probate will have power reserved to them, to apply for a like grant termed ‘double probate’. A grant in a double probate runs concurrently with the first grant issued to the now deceased executor so care must be taken as to whether

Enforcement where defendant is deceased Judgment creditors can, if they wish (and can afford it) execute their judgment by using one or several enforcement methods at once. CPR PD 70A, para 1.1 states that: ‘1.1 A judgment creditor may enforce a judgment or order for the payment of money by any of the following methods: (1) a writ of control or warrant of control (CPR 83 and 84); (2) a third party debt order (CPR 72); (3) a charging order, stop order or stop notice (CPR 73); (4) in the County Court, an attachment of earnings order (CPR 89); (5) the appointment of a receiver (CPR 69)’ If a claim is subsisting at the date of death of one of the parties to it, the claim does not abate (Jones v Simes). If the judgment debtor dies during the process: • if the deceased could have been subject to a claim, any action must

Applying for decree absolute The general rule is that a decree nisi or conditional order may not be made absolute or final before the expiration of six weeks from the date it is granted, unless the court in which the proceedings are pending fixes a shorter period by special order. On the expiration of that period the person who obtained the decree or order can apply to have it made absolute/final by lodging at court a notice in Form D36. If satisfied with the matters set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.32 the district judge will make the decree absolute or the conditional order final and endorse the decree nisi/conditional order to that effect, stating the time at which it was made absolute/final. If the application for decree absolute is made more than 12 months after the making of the decree nisi or the conditional

For more information on what a special manager is, who can appoint them and when they can be appointed, see Practice Note: What is a special manager, and when to appoint one? The process for appointing a special manager under the Insolvency Act 1986 (IA 1986) is almost identical in corporate insolvency (IA 1986, s 177) and in bankruptcy (IA 1986, s 370). In any application, there are likely to be three considerations: • the form of the application • the office-holder's report, which accompanies the application, and • the security/undertaking to be given by the special manager The application The application is made by way of an insolvency application under Part 12 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 in personal or corporate insolvency. The application should be made to the court which has jurisdiction over the relevant insolvency. The application should be made by way of an application notice. There is no prescribed form for the application,

Section 122 of the Local Government Act 1972 (LGA 1972) permits a ‘principal council’ to appropriate any land which belongs to them and is no longer required for the purpose for which it is held immediately before the appropriation, for any purpose for which it is authorised by LGA 1972 or any other enactment to

Execution of contracts A degree of caution needs to be exercised when contracts are entered into otherwise than with an individual. See: Forming enforceable contracts—overview and, for example, Practice Note: Execution formalities—under a power of attorney. Whilst a company is a separate legal entity, it can only act through its members, directors or duly authorised agents. Contracts by companies A distinction needs to be made between contracts signed by a company and contracts signed on behalf of a company: • under section 44 of the Companies Act 2006 (CA 2006) a document is executed by a company by the affixing of its common seal (see CA 2006, s 45) or by the signature of ‘two authorised signatories or by a director of the company in

The Town and Country Planning Act 1990 (TCPA 1990) provides a procedure for the revocation or modification of a planning permission by a local planning authority (LPA) (TCPA 1990, s 97); and provides that when such a revocation order (a RO) is opposed that it is to be submitted to the Secretary of State for confirmation, who is to give a person served with notice of the RO an opportunity to appear before and be heard by a person appointed by the Secretary of State (TCPA 1990, s 98). Provision is also made for compensation to be payable where planning permission is revoked or modified (TCPA 1990, s 107). Opposed ROs will be heard by a planning inspector appointed by the Secretary of State, by way of either a hearing or an inquiry. The Secretary of State has a statutory power to award costs to ‘the parties