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Where an attorney is appointed by the executor of a Will using form PA11 to take out a grant as attorney administrator, would the attorney be able to take binding actions in the administration of the estate (eg entering into contracts) before they obtain the grant of administration?
Q&As
Form PA11 may be used to apply for power of attorney to take out the grant where there is a Will. The effect of the grant (once issued) is that the attorney has the same status as the donor of the power would have had if they had applied personally. See: Re Rendall, Wood v Rendall. Therefore, an attorney appointed by an executor
Where an attorney is purporting to execute on behalf of a number of principals, is it essential (as opposed to merely good practice) for there to be multiple execution blocks or is it sufficient for the attorney to execute once only but make it clear in the execution block that he/she is doing so as attorney for multiple principals?
Q&As
An attorney who is an individual may execute a deed either by signing in their own name or in the name of the donor of the power. A corporate attorney may execute under its own seal in the usual manner. If it has no seal or chooses not to use a seal, a corporate attorney
Where an attorney obtained a grant of letters of administration with Will annexed for the use and benefit of a widow who lacked capacity and the widow has died before exchange of contracts in the sale of a property in the deceased husband’s estate, can the sale proceed? What grant or grants are required in order to sell the property and to distribute the proceeds to the widow’s estate and onwards to the beneficiaries under the widow’s own Will or on intestacy?
Q&As
It is assumed that: • the deceased husband died leaving their entire estate (including the property) under their Will to their widow, now also deceased • the property was held in the deceased husband’s sole name • the widow's estate includes the interest in the deceased husband's unadministered estate, including the property for which a sale has been agreed but contracts have not been exchanged We refer you to Practice Note: Administration with Will annexed—priority to apply for grant—Q&As, in particular at the section titled ‘Executors and attorneys’ and then at the subsection titled ‘Where donor
Where an company employee agrees to be an Authorising Officer on a company's sponsor licence what personal liability/risk are they opening themselves up to?
Q&As
Our Practice Note Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability confirms the legal basis for the rules which underpin sponsor licence system as follows: ‘In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD [2013] UKSC 51, [2013] 4 All ER 195 the Supreme Court held that the Immigration Act 1971 provides a general statutory authority for the SSHD to administer a sponsor licensing system, including vetting sponsors, via rules which do not require to be laid before Parliament. Only mandatory criteria which relate to a person's qualifying for entry clearance, leave to enter or leave to remain must be laid before Parliament as Immigration Rules’. The rules governing the licensing system are therefore contained in the various sponsor guidance documents issued, and periodically updated, by the Home Office. These include that sponsor must have in
Where an easement created by a deed of easement over neighbouring freehold land for a fixed term has come to an end and the term was created to align with the term of a Lease which has also expired, but is within the 1954 Act and the Tenant has been holding over for nearly 15 years, what is the status of the easement now, considering that the rights granted have continued to be exercised since the expiry of the fixed term deed? Further, what is the status of the easement if the Lease is then surrendered by deed or would the two remain mutually exclusive?
Q&As
This Q&A assumes that the deed of easement was granted by the same landlord and that the servient land is owned by the same landlord. Provision is made for a legal easement to be granted for a term of years under section 1(2)(a) of the Law of Property Act 1925. See Q&A: Is it possible to grant an express deed of easement for a term of years? and Commentary: Meaning of 'legal easement': Halsbury's
Where an easement has been acquired by prescription, does that right extend to replacement of any service media which might be the subject of the right?
Q&As
This Q&A assumes that: • there is no dispute over the existence of the easement • the servient owner is unwilling to repair/replace the septic tank themselves • replacement (as opposed to repair) has been determined as the only option Extent of easement As the acquisition of a right on the basis of long use rests on the presumption of a grant, the extent of the right is measured by the extent of the user. The starting point for assessing the extent of the right acquired must therefore relate to what has, in fact, been enjoyed. A right acquired by prescription is not necessarily limited to use for the exact purposes for which the dominant tenement was used during the period of prescription, but may be used for analogous purposes or for other purposes which impose no greater burden on the servient tenement (on the principle that the greater includes the lesser). Indeed Stanning
Where an easement has been gained by prescription over a long period of use, what rights does the dominant landowner have to maintain the right of way? Can he force the servient owner to accept that repairs are necessary if he is willing to carry them out at his own expense?
Q&As
In summary, the dominant owner of a right of way acquired by prescription has the right of repair but not a right to improve the servient land. A right of way carries with it an ancillary right to repair the way, at the dominant owner’s own cost. So the dominant owner can enter in order to carry out works of repair even if the owner of the servient land is unwilling for the repairs to be carried out. However, the right to
Where an easement is granted and registered over both the dominant and servient freehold titles but the servient land was subject to an unregistered lease at the time of the grant of the easement, does this invalidate the use of the easement by the dominant owner?
Q&As
If a registrable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration. See section 29(1) of the Land Registration Act 2002 (LRA 2002). The express grant or reservation of a legal easement out of a registered estate on or after 13 October 2003 is a registrable disposition. Unless and until registered, the easement is equitable only. The consequences
Where an electricity substation is let on a business lease and the land has planning permission for redevelopment, the owner intends to serve an s 25 notice to end the lease at the end of its term. Is there any provision under the Electricity Act 1989 or regulations flowing from it that the electrical network operator tenant can use as an additional defence to require the landlord to grant it a new lease?
Q&As
This Q&A relates to any special provisions relating to the ending of a lease for an electricity substation. It is occasionally the case that a party will grant a lease to an electricity supplier for the siting on an electricity substation. This may commonly occur in new developments in order to supply power to the site, but there are numerous extant business leases relating to existing substations. A landowner granting a lease for the purposes of an electricity substation will often contract out of the provisions of the Landlord and Tenant Act 1954 (LTA 1954). In this scenario however LTA 1954 applies;
Where an electricity supply licence is held by a parent company in a group structure, can a wholly owned subsidiary separately supply electricity to domestic and/or non-domestic customers under the parent company's licence, or does each supplier in a group need a separate licence?
Q&As
This Q&A refers to a licence to supply electricity to premises located in Great Britain issued by Ofgem pursuant to section 6(1)(d) of the Electricity Act 1989 (EA 1989). This Q&A focussed on: • EA 1989 • the Standard conditions of electricity supply licences • the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001, SI 2001/3270 • Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2010, SI 2010/2154 Licences for the supply of premises within Great Britain are issued by Gas and Electricity Markets Authority (the day to day functions of which are discharged by Ofgem) pursuant to EA 1989, s 6(1). This legislation provides for the issue of licences ‘authorising a person’ to supply electricity to premises and experience suggests the conditions of the electricity
Where an employee declines to consent to data processing by an occupational health (OH) provider, can the OH provider continue to produce the report, relying on any exemptions, and is the employer entitled to receive the report?
Q&As
For the purpose of this Q&A we have assumed that the employee has consented to attend a medical appointment or examination with the occupational health (OH) provider, but has refused consent to processing of their health information. There are two main considerations when seeking a medical report on an employee: • the requirement for consent from the employee under the Access to Medical Reports Act 1988 (AMRA 1988), and the duty of confidentiality held by a doctor, and • the requirements for processing personal data and special category data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and the Data Protection Act 2018 (DPA 2018) See generally: • Practice Note: Medical reports—data protection issues and AMRA 1988 • Checklist: Obtaining a medical report during employment—checklist • the following Precedents, for use in the situation where an employer wants to obtain
Where an employee has already been dismissed for working full-time for a second employer at the same time as their main full-time job, and after their dismissal it is discovered that they may also have been working for a third employer at that time, can the original employer take any action against the employee to claim costs in relation to that third job? If so, would the employer be required to follow the usual formal workplace procedure in relation to its former employee before proceeding with a claim/recovering costs, such as giving the employee a right to respond to the investigation findings?
Q&As
Where an employee’s employment has already been terminated for misconduct, an employer would not usually consider it necessary to take further action against the employee if evidence of possible further misconduct subsequently came to light. There may, however, be circumstances in which the employer would wish to investigate and bring disciplinary proceedings, for example: • for the purpose of reporting any serious issues to the relevant body, in the case of an ex-employee whose occupation is regulated • to