We refer you to our Practice Note: Costs and expenses in the Court of Protection (see section Professional fees), which explains that where an application is straightforward, a professional deputy may claim ‘fixed costs’, as set out in Court of Protection Practice Direction 19B. The relevant ‘fixed cost’ for the

Section 278 of the Highways Act 1980 (HiA 1980) provides for the financing by a developer of works executed by the highway authority. Many so-called 'section 278 agreements' are more general highways agreements containing provisions that go beyond the statutory effect of HiA 1980, s 278. HiA 1980, s 36(2)(a), provides that

We have assumed that the estate road is not a public highway, and adoption of the road by the Highways Authority is not considered. Initial entitlement to the land For the purposes of this Q&A the crucial issue is whether or not the developer company ever entered into a binding obligation to transfer the freehold land comprising the road. Without such an obligation, the management company will have no legal route to compelling a transfer. A contractual obligation to transfer freehold land must comply with the relevant formalities in order to be binding. Assuming the obligation to transfer existed but was simply not fulfilled, the management company then acquired the beneficial ownership of the freehold land by virtue of the principle in Lysaght v Edwards. Status of the land Section

Under CPR 73.2 and the Charging Orders Act 1979 (COA 1979), a judgment debt may be enforced by securing a charge over the judgment debtor’s land or securities and then seeking a sale of such land/securities and satisfying the judgment debt from the proceeds of sale. COA 1979, s 1 provides: ‘(1) Where, under a judgment or order of the High Court [or the family court] or [the county court], a person (the “debtor”) is required to pay a sum of money to another person (the “creditor”) then, for the purpose of enforcing that judgment or order, the appropriate court may make an order in accordance with the provisions of this Act

The Town and Country Planning Act 1990 (TCPA 1990) provides that planning permission is required for the carrying out of any development of land (TCPA 1990, s 57(1)). The definition of development includes 'making any material change in the use of any buildings or other land' (TCPA 1990, s 55(1)). This means that the requirement to obtain express planning permission generally applies to any 'material change of use' unless the following circumstances apply: • where a change of use is permitted development by virtue of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GDPO 2015), SI 2015/596, Sch 2 Pt 3 • where the developer obtains a 'certificate of lawfulness' from the local planning authority (LPA) (TCPA 1990, s 191) • if the time limit for

This Q&A focusses on the aspects relating to the Town and Country Planning General Regulations 1992 (TCPGR 1992), SI 1992/1492 only and does not consider those aspects relating to local governance. Withdrawing a planning application Section 70 of the Town and Country Planning Act 1990 (TCPA 1990) empowers a local planning authority (LPA) to grant or refuse planning permission only where a planning application is made to the LPA. As such, an LPA can only determine an application for planning permission which is before it; where a developer has withdrawn its application, the LPA can no longer continue to determine that application. Substituting LPA as applicant instead of developer If

SDLT is charged on chargeable land transactions. A land transaction is an acquisition of a chargeable interest. A land transaction is chargeable if it is not exempt from charge. The amount of SDLT payable is determined by the chargeable consideration given for the transaction. Chargeable consideration has a particular meaning for SDLT purposes and is defined largely in section 50 of the Finance Act 2003 (FA 2003) and FA 2003, Sch 4. Chargeable consideration includes not only

If a party entirely refuses to complete following the exchange of contracts, damages may be sought for breach of contract. If the purchaser is the one to back out, they are likely to forfeit the deposit. In Hooper v Oates, the Court of Appeal cited the judgment of Toulson J in Dampskibsselskabet "Norden" A/S v Andre & Cie SA for the broad principle that will be applied in assessing damages: ‘where a contract is discharged by reason of one party's breach, and that party's unperformed obligation is of a kind for which there exists an available market in which the innocent party could obtain a substitute contract, the innocent party's loss will ordinarily be measured by the extent to which his financial position

Under section 57A of the Finance Act 2003 (FA 2003), the requirements for the sale and leaseback provisions to apply are: • the sale transaction must be entered into wholly or partly in consideration of the leaseback • the interest leased back must be an interest out of the original interest • where the sale transaction is only partly in consideration of the leaseback,

The developer will have required a licence from the local authority in respect of the crane oversailing the highway, and in respect of the consequent temporary closure of the road, under section 177 of the Highways Act 1980. For more information see Practice Notes: • Oversailing • Highway obstructions and nuisance—overview • Highways obstructions—building works, scaffolding and skips If such a licence has not been obtained, it may be prudent to raise the issue

A liquidator or an administrator may bring a claim under section 238 of the Insolvency Act 1986 (IA 1986), (transactions at an undervalue), where there was a gift or transfer of an asset in the two-year period leading up top the onset of insolvency and the transferor was unable to pay its debts at the time or became unable to pay its debts as a result of the transaction. If the parties are connected, there is a presumption

Special rules for non-cash asset transfers between a director and their company Transactions between directors of a company and that company are subject to the statutory controls set out in sections 190–194 of the Companies Act 2006 (CA 2006) as these transactions are considered to be particularly open to abuse. Where: • a company acquires (or is to acquire) a substantial non-cash asset from a director of that company (or that company’s holding company) or a person connected with the director of that company (or that company’s holding company), or • a director of that company (or that company’s holding company) or a person connected with the director of that company (or that company’s holding company) acquires (or is to acquire) a substantial non-cash asset from the company the arrangement must