This Q&A considers if a solicitor who holds a Will for an incapacitated testator has the authority to transfer the Will to another firm. We refer you to the Law Society’s Practice Note:

This Q&A refers you to the following Q&As, which consider a solicitor’s potential liability to beneficiaries of an estate and contains links to useful content and further reading: • Can a solicitor be liable to those with whom they have no contractual relationship if they performed their work negligently? For example,

Solicitors in receipt of documents that are or are likely to be regarded as confidential to the other party must adopt the following procedure as set out by Mostyn J in UL v BK (Freezing Orders: Safeguards: Standard Examples): • the solicitor must not read the documents and must immediately seek to obtain all of the improperly obtained documents from that party and return them to the other party's solicitor, including any copies • the other party's solicitor must, in accordance with their duty to the court, read the documents and disclose those that are admissible and relevant in accordance with the duty of full and frank

Context The Community Infrastructure Levy (CIL) is a financial charge which local planning authorities (LPAs) are entitled (but not obliged) to charge on development in their area. Liability is calculated by reference to the time when planning permission first permits development. The money raised is to be spent on local infrastructure. For further information on CIL generally, see: The Community Infrastructure levy—overview. This Q&A considers a scenario where the ‘professional’ is a firm or individual who acts as an agent of the developer/owner of a development and/or who is perhaps involved in the submission of a planning application for development and/or who is otherwise engaged in giving advice on a development proposal. Further, it is noted that the retainer between the professional

A legacy of a particular residence would be classified as a specific legacy and therefore, if the testator does not own the property in question at the date of their death, the legacy would adeem. In other words, the legacy would be treated as revoked by the testator and would therefore fail. There are many authorities for this, including Re MacDougall [1927] 3 DLR 464 and Re Gardner [1938] 2 DLR 772 (not

Practice Note: Sponsoring a Skilled Worker confirms that all roles sponsored under the route must be in an eligible SOC code, as listed in a relevant table in Immigration Rules, Appendix Skilled Occupations. It goes on: ‘Each SOC 2020 occupation code entry confirms the applicable going rate, and other aspects in relation to eligibility under the salary points criteria. In relation to skill level, it has a list of example jobs which may fall within the code. However, unlike was the case in the final years of Tier 2, the occupation codes do not include lists of example tasks. As such, in many cases it will be necessary to use the relevant ONS materials in order to confirm which is the closest SOC occupation code for the job. These are: • the SOC 2020 Computer Assisted Structured Occupation Coding Tool (CASCOT) —this

Generally, if a sponsor licence is revoked the business that held the sponsor licence is subject to a 12-month cooling-off period, during which they cannot apply for a new licence. See para C10.16 of Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance. Any certificates of sponsorship issued to current and prospective employees will be cancelled, and in due course any currently sponsored employees will have their visas curtailed—limited to 60 days, or however long is left on the visa if less than 60 days. The only exception to the above

Where a business which is run on a sole trader basis incorporates as a company this will constitute a change in the legal personality of the business. The legal personality in a sole tradership is the business owner, while the legal personality in a company is the company, ie the company is a separate legal person to the business owner. As Practice Note TUPE—business transfers confirms, a business transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 occurs where there is: • a transfer of an undertaking or business (or part of an undertaking or business) • situated immediately before the transfer in the UK • to another person • where there is a transfer • of an economic entity • and

The Practice Note: Applying under the Skilled Worker route confirms that the conditions of stay for a Skilled Worker visa holder (per Immigration Rules Appendix Skilled Worker—Appendix Skilled Worker, para SW 18.2)) only permit the following types of work: • work in the job that the applicant is sponsored for (noting that the only permitted changes to sponsor or job are those set out in the Immigration Rules, Part 9, paras 9.29.1 and 9.31.1–9.31.3—see Practice Note: Skilled Worker, Global Business Mobility and Scale-up routes: changes of employment) • supplementary employment, providing the applicant continues to work in the job for which they are being sponsored • voluntary work, and • working

In relation to the first question, ‘(a) is the sponsored worker permitted to continue working if their leave has not yet been curtailed’, the short answer is yes, as their current leave and conditions continue. See also Q&A: Can a sponsored worker continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked? (updated 14 June 2021). Once the leave has been curtailed, during the curtailment period, visa holders continue to be subject to the same visa conditions. This will generally mean that they have the right to work and reside for up to 60 days unless the visa expires earlier than 60 days, in which case the shorter period will apply. Standard curtailment

The guidance document Workers and Temporary Workers: guidance for sponsors—Part 1: Apply for a licence outlines the process for applying for a sponsor licence where an organisation has multiple branches. Paragraph L5.5 states that different offices, UK-based subsidiaries or entities, locations or campuses can all be considered ‘branches’ as referred to in that guidance. It does not confirm that client sites are considered ‘branches’ of a sponsor organisation to be added to an employer’s sponsor licence. When adding a 'branch/site', the sponsor is required to provide evidence of rental agreement or ownership of such branch or site. See Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability under the main section 'Head office and branches'. However, the Home Office must be informed of the regular

Do all of the sites need to be added as 'branches' to the licence? The Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability is useful at identifying what a ‘branch’ of a business is and how they can be added to a sponsor licence, in order to understand the question posed. An organisation which has different subsidiaries, locations, offices or campuses in the UK (all of which are termed 'branches' for the purpose of this question) can choose to register: • all its branches together under one licence • all its branches separately, or • several of its branches together, for example, by location When a business is considering whether to register its branches separately