It is assumed for the purposes of this Q&A that the land is among the 85% of England and Wales which HM Land Registry believes to be registered under the Land Registration Act 2002 (LRA 2002). Apart from any other consideration, the grant of a legal mortgage would have triggered the requirement to register the title under LRA 2002, s 4(1)(g) and similar provisions under the 1925 legislation. Provided there is sufficient equity in the property and its registered proprietor is able to satisfy lenders as to the likelihood of instalments under the loan being paid, there is no limit to the number of charges which may be registered against a title. The grant of a legal mortgage in land is required to be completed by registration and until that

The Immigration Rules in the simplified routes require provision of a passport or other travel document which satisfactorily establishes the applicant’s identity and nationality, as a validity requirement for entry clearance, leave to remain or, where relevant, leave to enter. Eg Immigration Rules, Appendix Skilled Worker, in the validity requirements, provides that: ‘SW 1.2. An application for entry clearance or permission to stay as a Skilled Worker must meet all the following requirements: […] (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality’ Similar wording is found in the validity requirements in the Visitor Rules (at Immigration Rules, Appendix V: Visitor, para V 2.3. In this context, a passport must be valid (see, eg Visit caseworker guidance/Visit: validity requirements for applications for visit visas and permission to stay as a visitor). This is

Compulsory first registration Section 4(2) of the Land Registration Act 2002 (LRA 2002) states that: 'Compulsory registration arises when there is a transfer of a qualifying estate or the grant out of a qualifying estate of a lease for a term of more than seven years from the date of grant.' Practice Note: Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership explains that the buyer should check whether there has been the grant out of a qualifying estate of an estate for a term of more than seven years from the date of the grant, and for consideration. Therefore, from a practical

The Immigration Rules, Part 6A, para 245DF(c) provides that ‘(t)he applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A’. The Immigration Rules, Appendix A, para 38 provides that ‘(a)vailable points for applications for indefinite leave to remain are shown in Table 6’. The

In order to qualify for indefinite leave to remain (ILR) under the ten-year residence route, leave must be both ‘continuous’ and ‘lawful’. As set out in: Long residence and private life resources—overview, the meaning of ‘lawful’ residence is defined at Immigration Rules, Part 7, para 276A(b) as being continuous residence pursuant to existing leave to enter or remain. In terms of the meaning of ‘continuous’ residence, Long residence and private life

The Immigration Rules, Appendix FM, para E-LTRPT.2.2. states that (emphasis added): ‘Section E-LTRPT: Eligibility for limited leave to remain as a parent ...’ Relationship requirements Immigration Rules, Appendix FM, para E-LTRPT2.2. The child of the applicant must be— ‘(a) under the age of 18 years at the date of application, or where the child has turned 18 years of age since the applicant was

Evidence of third party investment The Tier 1 (Entrepreneur) route allows an individual with leave in this category to make a settlement application on an accelerated route (after three years, rather than five years) if certain conditions are met. Points are scored in accordance with the Immigration Rules, Appendix A, Table 6. Since an application to settle after three years will be the first application an entrepreneur makes, evidence must be provided under Row 1 of the Immigration Rules, Appendix A, Table 6, that: ‘The applicant has invested or has caused investment to be made by one or more third parties, totalling at least £200,000 (or £50,000 if they were awarded points for £50,000 funding or investment in their last

Once a company has obtained a Skilled Worker Sponsor Licence, an application can be made to add one or more linked entities to that existing licence. Home Office guidance, Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence, confirms that when such a request is made, evidence of common ownership and control of the two entities may be requested. The same Guidance confirms that the existence of ‘common ownership and control’ will be determined against the same criteria used for licence applications made under the Senior or Specialist Worker, or Graduate Trainee, routes. These criteria are listed at GBM2 of the guidance Workers and Temporary Workers: sponsor a Global

A projection is a structure that lies over or under any highway or street, including most private streets. Certain projections require licences, as regulated by sections 176–180 of the Highways Act 1980 (HiA 1980). HiA 1980, s 179 concerns the construction of cellars etc under the street, and HiA 1980, s 180 concerns openings into cellars etc, under streets, and pavement lights and ventilators. The consent of the appropriate authority is required which is granted by way of a licence. A charter street is a street that existed in the City of London prior to 1638, being the date on which Charles I granted a charter to the City of London Corporation (CLC) giving it all of the buildings and encroachments on streets in the City, with the streets and other parts

Prior to the introduction of CPR PD 51O (the Electronic Working Pilot Scheme), directors wishing to appoint an administrator under paragraph 22 of Schedule B1 to the Insolvency Act 1986 (IA 1986) were required to file a notice of appointment at the court during court opening hours. Following the introduction of CPR PD 51O, it is possible for directors to electronically e-file a notice of appointment outside of court hours using the e-filing system which has raised questions over whether such notice of appointment is valid (appointing outside of court opening hours was a route previously only available to a qualifying floating charge holder). This has given rise to a number of conflicting cases, details of which can be found at Practice Note: Tracker—case law on out-of-court appointments of administrators and e-filing. In

The contents of the notice of appointment will differ depending on whether a notice of intention was filed with the court prior to the notice of appointment. If a notice of intention was filed with the court, the notice of appointment must contain the prescribed information in Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.24 which includes a statement that five business days have elapsed since the notice of intention was filed or each person to whom the notice was given has consented to the appointment. In addition, the notice of appointment must include a statutory declaration by or on behalf of the person who makes the appointment that: • the person is entitled to make an appointment under paragraph 22 of Schedule B1 to the Insolvency Act 1986 (IA 1986) • the appointment is in

The notice of intention must contain the prescribed information under Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.23 and must be accompanied by a statutory declaration that: • the company is or is likely to become unable to pay its debts • the company is not in liquidation, and • an administration is not prevented by any of the restrictions on the