Where a company which holds a sponsor licence acquires another company which does not have a licence, and wishes to transfer sponsored migrants to work at the acquired company, the most obvious mechanism would be to submit a sponsor change of circumstances confirming the addition of a new ‘branch’ to the licence (Sponsor Guidance, Part 3, para C2.4). See Practice Note: Workers and Temporary Workers sponsor duties: sponsor changes of circumstances/Changes that must be notified on the Sponsorship Management System. This is not a type of changes of circumstances request that can be expedited via use of the priority service, but it may be the case that a business case can be made to request prioritisation when submitting

Questions of this nature are very difficult to answer without sight of the actual employment contract. Like post-termination restrictions (restrictive covenants), confidentiality clauses are construed on a narrow basis given that they impose restrictions on basic freedoms. Hence, the actual wording of the clause is critical and needs to be carefully and forensically analysed. Whether or not there is an express contractual clause, employees are always under an implied duty not to disclose confidential information belonging to their employer. In certain circumstances, such as information concerning trade secrets, the duty may persist after the employment relationship has ended (whether by resignation or termination). The duty of confidentiality was always subject to a common law ‘public interest exception’ even prior to the coming into force of the Public Interest Disclosure Act 1998 (PIDA

Where a pre-pack administration sale is to a purchaser connected with the seller company and the administration commences on or after 30 April 2021, the administrator must comply with the requirements set out in the Administration (Restrictions on Disposal etc to Connected Persons) Regulations 2021, SI 2021/427. In brief, if creditors do not consent to the acquisition, an independent qualifying report must be obtained. In April 2021, the Insolvency Service issued guidance that is very helpful in interpreting the Administration (Restrictions on Disposal etc to Connected Persons) Regulations 2021, SI 2021/427. See Guidance: Requirements for independent scrutiny of the disposal of assets in administration, including pre-pack sales. This guidance sets out what information is required for an evaluator

This Q&A considers the nature and effect of a consent order for the settlement of a claim which provides for the payment of a specified sum of money. Kinds of consent order There are two ways in which an order can be made by consent to settle a substantive claim, and they have different consequences. First, where the parties agree, the court will seal an agreed judgment or order under CPR 40.6 if it is a kind of order which is permitted under CPR 40.6(3) and neither of the two exceptions at CPR 40.6(2) apply. Among the permitted kinds of order is an order for the payment of an amount of money. This kind of consent order contains the operative provisions in the order itself, and those provisions can therefore be directly enforced as orders of the court. For an example, see Precedent: Consent order. Second,

A mirror order is an order registered in a jurisdiction (in this scenario, England and Wales), that ‘reflects’ (hence mirror order) the provisions of a child arrangements order or similar in a foreign jurisdiction. The purpose is to ensure that if the children are in that foreign jurisdiction (for example to spend time with a parent who lives there, in pursuance of the overseas consent order, or by agreement between the parties) the arrangements made in the foreign jurisdiction are enforceable in the courts in the jurisdiction which the children are residing. A mirror order will commonly be a condition of an application to permanently remove a child from the jurisdiction, where the court has, as part of that order, directed the child arrangements that are to be in place following the relocation. The registration of the order in the foreign court or the making of an

We are not aware of there being any specific procedure or time limit for filing a consent order in respect of relief from forfeiture other than that it must be agreed and put before court prior to the hearing of the relief application. The relevant deadlines therefore will remain the deadlines for making the application for relief, which are set out in our Practice Notes: Relief from forfeiture for rent arrears and Relief from forfeiture for breach of covenant which are summarised as follows below: Claiming relief from forfeiture when breach is rent arrears The process for claiming relief from forfeiture varies depending on the nature of the breach. If a landlord forfeits due to rent arrears, a relief

Interest will flow on a lump sum order once there is an unqualified obligation to pay party B ie payment must have fallen due under the precise terms of the order. Good practice would dictate that the consent order should have specified when the lump sum fell due for payment, which presumably would coincide with the date of transfer of the family home to party A. Providing the lump sum is for not less than £5,000, it will then automatically carry interest as a judgment debt under section

This Q&A assumes that the query relates to the payment of interest on unpaid costs, rather than the payment of interest generally. Interest may be payable in family proceedings in a number of circumstances: • under section 23(6) of the Matrimonial Causes Act 1973 (MCA 1973) on deferred lump sums, only where so ordered • automatically under section 17 of the Judgments Act 1838 (JA 1838) or the County Courts (Interest on Judgment Debts) Order 1991 (1991 Order), SI 1991/1184 made under section 74 of the County Courts Act 1984 (CCA 1984) as amended by the Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014, SI 2014/1773 (applying CCA 1984, s 74 and the 1991 Order, SI 1991/1184 to the Family Court) on costs under the Civil Procedure

It is sometimes the case that following on from an order in financial remedy proceedings, whether by consent or imposed by the court, the parties will between them agree to a different outcome. While an order of the court takes effect upon its making and is effective unless, and until, it is discharged or varied, such agreements, if made freely and absent of any duress, undue influence or fraud, are likely to be

An implied term is one that has not been expressly agreed between the parties and is therefore not recorded in the contract. Terms may be implied into the contract for various reasons and in various circumstances—for example, pursuant to statute, or if the term is necessary to give the contract business efficacy (ie, make it work). Where a term is implied by statute,

Where a contract contains no express termination provisions, it will only be possible to terminate at common law—ie where a party is in repudiatory breach. Purporting to terminate a contract in circumstances where there is no common law or contractual right to do so may itself amount to a repudiatory breach. If a repudiatory breach occurs, the innocent party may elect to accept the breach (ie terminate the contract) or affirm the breach (ie continue with the contract). For more information on the meaning of repudiatory breach, and acceptance and affirmation, see Practice Notes: Termination of a construction contract and Repudiation of contract. Assuming that the consultant was in repudiatory breach, and that the employer elected to terminate the appointment due to such breach, then: • the parties are absolved from future performance • all

This Q&A refers to a contract to provide services to a consumer where the trial period forms part of the contract entered into with the consumer. It is also assumed that an enforceable contract has been entered into between the parties in writing. If the relevant contract falls within the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013), the cancellation rights are provided in CCR 2013, SI 2013/3134, Pt 3. These apply where: • cancellation occurs within the ‘cancellation period’ • the consumer has informed the trader of their intent to cancel the contract There is no requirement to give the trader a