A person may be registered with possessory title if the registrar is of the opinion that: • the person is in actual possession of the land, or in receipt of the rents and profits of the land, by virtue of the estate, and • that there is no other class of title with which they may be registered Possessory title is generally a result of: • an adverse possession claim against unregistered land, or • an application for first registration where the owner cannot produce documentary evidence to title for some reason Pursuant to section 11(7) of the Land Registration Act 2002: ‘Registration with possessory title has the same effect as registration with absolute title,

When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for: • the benefit of the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934 • on behalf of the dependants of the deceased under the Fatal Accidents Act 1976 (FAA 1976) For

Where the court concludes that there was a dependency in the past, whether financial or in terms of services (see Practice Note: Quantifying damages for dependants—past losses—services), it will already have a multiplicand (a figure that estimates the annual financial loss sustained by the dependents) in mind. Where there was no pre-existing dependency, but the claimant contends that one would have developed, there will be no such figure. In either event the court will need to hear evidence about what would have happened in the future. Future losses are usually calculated on a multiplier/multiplicand basis (ie the

Parents are able to reach private agreements between themselves, without making use of the Child Maintenance Service (CMS) at all, as to the level of child maintenance to be paid and the manner in which it should be paid, ie a 'family-based arrangement'. It may be that for some families the most convenient way for child maintenance to be paid is for the non-resident parent to take on the bulk, or indeed the entirety, of the mortgage payments on the family home. A private agreement can be brought to an end at any time though by either parent if they wish to apply to the CMS, provided they are eligible to use this service. If either parent applies to the CMS, the appropriate level of maintenance will be calculated for them with reference to the non-resident parent’s gross income, how

The Bradford Factor (also known as the Bradford Index, Bradford Formula or Bradford Scale) is usually used by employers to highlight persistent, short-term absence, which is either due to sickness or is unauthorised. It applies an extra weighting to the number of absences, and recognises the fact that numerous individual short absences can be more disruptive to an employer than a lesser number of lengthy absences. It is therefore a measure of sickness absence which combines information on both frequency and length of absence. The score is calculated as the number of spells of absence squared, multiplied by the total number of days absent. For example,

Future loss of earnings for self-employed persons When the medical evidence demonstrates that the claimant is unlikely to work again, the court's task relates to assessing the claimant's likely earnings for the period of loss and applying the appropriate multiplier to that loss. The issues are questions of fact. What would the claimant have earned? How long would the claimant have worked? For further information, see Munkman on Damages for Personal Injuries and Death: Restriction on future earning capacity [11.19]. If the claimant carries on business through the medium of a limited company it is still

Who is entitled to claim under FAA 1976? Save in respect of a bereavement award damages awarded pursuant to Fatal Accidents Act 1976 (FAA 1976) damages are awarded to the deceased’s dependants, who are defined in FAA 1976, s 1(5) as the present or former wife or spouse or civil partner of the deceased; any person living in the same household immediately before the date of death and who had been doing so for at least two years, as the spouse of the deceased; a parent or other ascendant of the deceased, or a person treated as such by the deceased; a child of the deceased and, if the deceased was married or in a civil partnership, a person treated as a child of that family by the deceased; and a brother, sister, aunt or uncle of the deceased, along with their children. Compensation under FAA 1976 Compensation

For all categories of worker, including those on zero hours contracts, paid holiday entitlement is determined in accordance with the relevant provisions of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, and sections 221–224 of the Employment Rights Act 1996 (ERA 1996). See Practice Note: Statutory paid holiday—the right. Holiday pay must be paid at the rate of a week's pay for each week of leave. As a zero hours employee or worker will have no normal working hours, a week's pay is calculated, under ERA 1996, s 224 and WTR 1998, SI 1998/1833, reg 16(3)(e), as the average weekly remuneration (ie, for the average weekly normal hours at the average hourly rate) over the previous 52 working weeks (or, if the employee has been employed for a lesser period, to the period of complete weeks for which they have been employed), counting backwards from the first day

How is a failed PET valued after death? A gift by an individual to another individual (or to certain classes of 'favoured settlements'), is a potentially exempt transfer (PET). A PET made seven years or more before the death of the transferor is exempt under section 3A of the Inheritance Tax Act 1984. If, however, the transferor dies within seven years of the gift, then inheritance tax (IHT) becomes payable and the applicable rate of IHT (currently 40%) is reduced according to the length of time which has elapsed between the making of the gift and the death of the deceased. This ‘sliding scale’ is set out in the table below: Transfers made Charged at percentage of applicable rate Less than three years before death 100% Between three and four years before death 80% Between four and five

In most cases, the amount of community infrastructure levy (CIL) that is payable is calculated by multiplying the additional gross internal area resulting from the development by the rate for a particular development type. The rate is set out in the relevant charging schedule. Collecting authorities must also apply an index of inflation to keep the CIL rate responsive to market conditions. The term gross internal area (GIA) is not defined in the Community Infrastructure Levy Regulations (the CIL Regulations), SI 2010/948. It is a matter for charging authorities to determine what aspects of a development should be included in the calculation. However, it should be noted that when a case

Overlap relief prevents a double charge to stamp duty land tax (SDLT) from arising where one lease is replaced with another (over substantially the same premises) and the periods of the leases overlap. For more information, see Practice Note: SDLT—general reliefs and exemptions—Overlap relief. Where the conditions for overlap relief are met, when calculating the SDLT payable on the new lease, the rent payable under the new lease in the overlap period is reduced by the amount of rent that would have been payable in that period under the old lease (but not so as to

Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 15B except during periods of sick leave or statutory leave, an irregular hours or part-year worker accrues annual leave: • at the rate of 12.07% of the number of hours that they have worked during that pay period • on the last