Trustees have a general power under Trustee Act 2000 (TrA 2000), s 17 to appoint a custodian of trust assets where such power has not been restricted or excluded by the trust instrument TrA 2000, s 26. Trustees remain under a duty of care to supervise custodians TrA 2000, s 22 and review the terms of the custodianship

This Q&A refers to confiscation proceedings being brought by the CPS in the Crown Court against the son and we have focussed on confiscation as opposed to civil recovery proceedings. Confiscation process A confiscation order deprives a defendant of the benefit they gained from their criminal conduct. A confiscation order does not itself confiscate any property but, instead, requires the offender to pay over a sum of money representing the value of the benefit received. A confiscation order can only be made in the Crown Court and the circumstances in which an order can be made are set out in the regime imposed by the Proceeds of Crime Act 2002 (POCA 2002). For information on when a confiscation order can be made and confiscation procedure,

Requirement to preserve disclosable documents Under the Pre-Action Protocol for Personal Injury Claims , para 7.1.4, a defendant is under a duty to preserve documents including CCTV. If the documents are destroyed, this could be an abuse of the court process. Where there has been non-compliance with a specific pre-action protocol or the Practice Direction Pre-action Conduct and Protocols, para 15, the court may apply sanctions, eg an order that the defaulting party pay the costs, or part of the costs, of the other party—see Chapman v Tameside Hospital NHS Foundation Trust. For further guidance, see Practice Note: Non-compliance with pre-action provisions. CPR PD 31B, para 7 expressly requires a client to be advised to preserve disclosable documents as soon as you have been instructed to deal with a dispute where the claim has, or is likely to be, allocated to the multi-track (for the purposes of this Q&A, it is assumed the case is a low value EL/PL claim, but that

The requirement to have a schedule of contributions is derived from Part 3 of the Pensions Act 2004 (PeA 2004). PeA 2004, Pt 3 does not however apply to a scheme which is being wound up (although this is subject

In answering your query we have limited our research to cover a sale of goods between two businesses as part of an arm’s length commercial transaction. Under the Sale of Goods Act 1979 (SGA 1979), property in specific or ascertained goods passes to the buyer when the contracting parties intend it to pass (SGA 1979, s 17) and a seller can, as a term of the contract, reserve the right of disposal (SGA 1979, s 19). A retention of title (ROT) clause allows the seller to retain title to goods which it has delivered to a buyer until the buyer has paid for them in full or, where permitted to do so, sold them on to a third party (Aluminium Industrie Vaassen v Romalpa Aluminium). The purpose of the ROT

Under section 143(1)(a) of the Road Traffic Act 1988 (RTA 1988), ‘…a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person...a policy of insurance...’. This is an offence under RTA 1988, s 143(2), which can be dealt with by way of a fixed penalty notice (FPN). An FPN is an administrative alternative to a prosecution before a magistrates’ court. Depending on the offence, an FPN may either be endorsable

This Q&A has assumed that the tenancy was granted on or after 1 October 2015. Under section 21A of the Housing Act 1988 (HA 1988), a notice under HA 1988, s 21 (a 'section 21 notice') cannot be given 'at a time when the landlord is in breach of a prescribed requirement'. The 'prescribed requirements' are set out in regulation 2 of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646 and include the requirements in 'paragraph (6) or (as the case may be) paragraph (7) of regulation 36 of the Gas

The question of the terms that apply to an implied periodic tenancy is discussed in Commentary: Tenancy from year to year: Hill and Redman’s Law of Landlord and Tenant. The authors state, at para [104], that: ‘…a tenant who holds over after the expiration of his lease and pays rent, in the absence of facts pointing to a contrary conclusion,

A flexible tenancy is a secure tenancy provided by a local authority lasting for a fixed period of time, usually for at least five years, though it can be for a shorter or longer period with a minimum of two years. Flexible tenancies were introduced by the Localism Act 2011 (LA 2011) by the insertion of sections 107A—E into the Housing Act 1985 (HA 1985). A flexible tenancy is a secure tenancy which falls within one of the subsections of HA 1985, s 107A. For the most part, flexible tenancies will fall under HA 1985, s 107A(2), which provides that a secure tenancy which is granted by a landlord in England for

Section 247 of the Town and Country Planning Act 1990 (TCPA 1990) permits the making of an order for the stopping up or diversion of a highway to enable development to be carried out, however, where the proposed stopping up or diversion order only affects footpaths or bridleways, the order should be made under TCPA 1990, s 257 rather than TCPA 1990, s 247. The relevant wording from the statute is as follows: ‘Section 257 (as amended): Footpaths, bridleways and restricted byways affected by development: orders by other authorities. (1) Subject to section 259, a competent authority may by order authorise the stopping up or diversion of any footpath, bridleway or restricted byway if they are satisfied that it is necessary to do so in order to enable development to be carried out— (a) in accordance with planning permission granted under Part III or section 293A, or (b) by a government department. (1A)

In the above scenario, an application should be made by the capable executor for the grant of probate to be revoked on the grounds that the grant is now defective or its continued use would prevent

Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has occurred. See Practice Note: Severance of a joint tenancy. In the circumstances described there has been an express declaration of trust. The effect of severance is to divide beneficial ownership of the property into shares—as set out in the deed. An interest under a trust of land can only be protected by a restriction. A restriction makes it apparent from the register that either: