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Q&As
As confirmed in Practice Note: Applying under the Skilled Worker route, at the heading ‘Validity requirements, including switching’, a person can apply to switch into the Skilled Worker route in the UK unless they have, or have last been granted permission outside the Immigration Rules, or as a Visitor, Short-term student, Parent of a Child Student, Seasonal Worker, or Domestic Worker in a Private Household (Immigration Rules, Appendix Skilled Worker, para SW 1.5). Someone with permission granted under one of the three routes found in the Immigration Rules, Appendix Ukraine Scheme (the Ukraine Family Scheme, Homes for Ukraine or the Ukraine Extension Scheme) will therefore be able to switch into Skilled Worker
Q&As
Certain immigration applications require a sponsor to show that there is adequate maintenance and accommodation in place. These include applications under the five-year route in Appendix FM, the Immigration Rules, for leave as a partner or partner’s child (where the sponsor is in receipt of a specified benefit), applications from a parent and their dependent children and applications for settlement from adult dependent relatives, and includes some applications under Appendix Armed Forces. Eg the Immigration Rules, Appendix FM, para E-ECP.3.3(b) states that ‘the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds’. The Immigration Rules, Appendix FM, para E-ECP.3.4 goes on to state that: ‘The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively:
Q&As
Often when growth shares are put in place, it will be with a view to a future sale of the company, such that participants in the growth share scheme will be able to realise value at that point to the extent that there has been growth in value above the specified hurdle or value threshold applying to the growth shares as a class. However, there may also be situations in which it is agreed that participants should be able to realise value outside of a future sale of company (for example, because the owners have no intention of selling the company but still want to implement a scheme to incentivise management; or because it is agreed that management should be able to realise
Q&As
The procedure relating to employment tribunal claims is governed by the Employment Tribunals Rules of Procedure 2013, as amended (the ET Rules). By rule 15 of the ET Rules, unless a claim has been rejected, the tribunal will send a copy of the claim form (the ET1) together with a prescribed response form (the ET3) to each respondent, with a notice which includes information regarding submitting a response to the claim, the time limit for doing so and what happens if a response is not submitted by that time. Rule 16 of the ET Rules provides that the response shall be on a prescribed form (as noted above, the ET3) and presented to the tribunal office within 28 days of the date that the copy
Q&As
Where default judgment has been obtained, an application must be made to set it aside. To do this, you must file and serve: • Form N244 (or Form N244CC for Commercial Court claims) • a witness statement in support, and • a draft order For further information, see Practice
Q&As
In this Q&A we have focused on the ad filum principle in so far as it relates to rivers, tidal and non-tidal, as well as roads. The question is posed in broad terms and it will necessarily be fact sensitive however the following general information should be helpful. As this is a presumption relating to the ownership of land, adverse possession does not come into play. It is assumed that the issue of adverse possession arises in this question because a third party is seeking ownership of the mid-point of the riverbed, road or something similar. It is in this context that the question asks whether the rules of adverse possession apply. Cases in relation to ad filum adverse possession are Port of London v Ashmore and R (on behalf of Smith)
Q&As
Form D180 may be used in relation to the registration of orders under Article 39 of Council Regulation (EC) 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters (Brussels II bis). Article 39 of Brussels II bis is titled ‘Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility’, and states that: ‘The competent court or authority of a Member State of origin shall, at the request of any interested party, issue a certificate using the standard form set out in Annex I (judgments in matrimonial matters) or in Annex II (judgments on parental responsibility).’ Form D180 is the form set out at Annex I of Brussels II bis. The relevant procedure within England and Wales is set
Q&As
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013. This protocol details the necessary procedure to use when dealing with low value employer’s liability and public liability claims, including setting out a fixed costs regime. Fixed costs are when the court orders that a party should only pay a fixed sum in respect of costs incurred by the other party. The only costs allowed under this protocol are: • fixed costs, and • prescribed disbursements For information on the costs allowed
Q&As
Practice Note: Applying under the Skilled Worker route confirms that, per Immigration Rules, Appendix Skilled Worker, paras SW 7.1–SW 7.3, an applicant must show English language ability on the Common European Framework of Reference for Languages in all four components (reading, writing, speaking and listening) of at least level B1 (intermediate). The way that they must do this is set out in Immigration Rules, Appendix English Language, which is detailed in the
Q&As
When bringing a claim against a person serving a prison sentence, there are no specific additional requirements within the Civil Procedure Rules (CPR). A prisoner can be served at their serving prison as their last known address in the usual manner, however, note that an application to the governor will be needed. Where personal service is not essential, documents may be delivered to the prison for the prisoner. In practice, courts tend to be more lenient in respect of deadlines given the difficulties in accessing legal advice and in receiving documentation. Clearly if a claim form is to be served on a person in prison (whether by post or, often,
Q&As
Individuals applying for leave to remain as a spouse from within the UK must satisfy the rules set out in the Immigration Rules, Appendix FM. This includes an English language requirement: ‘E-ECP.4.1. The applicant must provide specified evidence that they- … (c) have an academic qualification which is either a Bachelor’s or Master’s degree or PhD awarded by an educational establishment in the UK; or, if awarded by an educational establishment outside the UK, is deemed by UK NARIC to meet or
Q&As
A second claim notification form (CNF) should not be submitted. The pre-action protocols for low value personal injury claims Most personal injury claims worth up to £25,000, in which general damages for pain suffering and loss of amenity are reasonably valued at over £1,000 will be subject to either Practice Notes: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents or the The Pre-Action Protocol