The English courts will grant a divorce to parties provided that there is jurisdiction to do so and the ground for divorce is made out. The court has jurisdiction under Brussels II bis or, where no court of a Contracting State has jurisdiction, either of the parties to the marriage is domiciled in England and Wales on the date when the proceedings are begun. Where jurisdiction is founded on domicile, the court has jurisdiction even if the parties are not resident in England or habitually resident for the relevant period of time. Where the Brussels II bis applies however,

Where the parties have reconciled they may wish to consider an adjournment of the proceedings. In addition to any other power which the court has to adjourn proceedings, there is specific provision in section 6(2) of the Matrimonial Causes Act 1973 enabling the court to adjourn divorce proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation, if it appears to the court that there is a reasonable possibility of a reconciliation. There is specific provision in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 for a decree nisi to be

Set off and the requirement for mutuality of debts For information on set off, see Practice Notes: • What is set-off and when is it available? • Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016 • Types of set-off As detailed in these Practice Notes, with the exception of contractual set off, as a general rule, all forms of set off require mutuality of debts between the two parties involved. The requirement

Terms and extent of the licence given by party A A licence is permission to do an otherwise unlawful act. A licence can be exclusive, sole or non-exclusive. It need not be in writing unless it is an exclusive licence. See Practice Note: Licensing intellectual property rights. There are no formalities required for the creation of a licence and the grant may be made orally or in writing. In the strict sense, a licence is a mere permission to do that which would otherwise be unlawful, and it confers no proprietary rights on the licensee. See Commentary: The Modern Law of Copyright and Designs 5th edn: Compulsory Licenses [13.1]. An express licence granted by an owner of copyright usually provides for the terms of the licence including termination of the licence and what occurs on termination. An implied licence

It would be prudent to begin by looking at the master agreement itself to see which governing law/jurisdiction applies to the International Swaps and Derivatives Association, Inc (ISDA) in place between the parties. This will be detailed in section 13 of the ISDA master agreement and would be selected in Part 4(h) of the related Schedule. See the section: Scope of the ISDA Master Agreement—Sections 7 to 14—Section 13—Governing Law and Jurisdiction in Practice Note: Scope of the ISDA Master Agreement—Sections 7 to 14. Both the 1992 and 2002 ISDA master agreements typically provide for jurisdiction in either the English courts or the courts of New York. If the English courts are selected, the agreements will provide for non-exclusive jurisdiction except where proceedings involve a Convention

Legislation protects the pension rights of members of occupational pension schemes who are absent from work due to a period of statutory maternity leave. The treatment of members' pension rights may vary according to whether the period of statutory leave is paid or unpaid and whether the pension scheme is defined benefit or money purchase. The treatment of the pension rights of employees during maternity leave is set out in: • section 75 of the Equality Act 2010, and • Maternity and Parental Leave etc Regulations 1999, SI 1999/3312, reg 9 An occupational pension scheme that does not contain a maternity equality

For the purpose of this Q&A it has been assumed that: • the question solely relates to transfers outside the EEA under the General Data Protection Regulation (EU) 2016/679 (EU GDPR) • the question is in relation to use of the 'Set II' 2004 Controller to Controller SCCs (not the 2001 Controller to Controller SCCs) The extent to which amendments can be made to Standard Contractual Clauses (SCCs) generally lacks clear examples from regulators and oversight bodies. By way of illustration, under the regime

The General Data Protection Regulation (GDPR) will affect (with very limited exceptions) all those who control or process data relating to a living individual, through which that individual could be identified. This will, therefore, include trustees (and other trust professionals) and their advisers, who hold and process information about beneficiaries of trusts and, potentially, other people connected with them. The data controller is the natural or legal person, or body that determines the purposes and means of the processing of personal data. Trustees or their advisers may be the controller, either alone or jointly with others. Processing means any

In conducting our research, we have focussed on the position under the Data Protection Act 1998 (DPA 1998) and we have not commented on the position under the forthcoming General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, which will be directly applicable from 25 May 2018. The data controller The first key point will be to establish who the data controller is. A 'data controller' is any person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed; DPA 1998, s 1(1). A data controller may be an individual, a collection of individuals, or other legal person (such as a company or limited liability partnership).

This Q&A assumes that no payment is made by the recipients of the appropriation to the personal representatives as consideration for the transfer of the beneficial interest to them. The appropriation of property by personal representatives to a person or persons who would be entitled at the end of the administration period has the effect of bringing forward the end of the administration period in relation to that property. The beneficial interest in the property would therefore pass to the recipient and the personal representatives would therefore hold the property as bare trustee for the recipient of the appropriation until the legal title is transferred. Pending the transfer of legal title (following

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 contain the core provisions regarding service in family proceedings, although the specific provisions in any other part of FPR 2010, SI 2010/2955, other legislation or practice directions may overrule the general provisions, as can a direction of the court in a particular matter. There are specific rules for the service of applications for matrimonial and civil partnership orders including applications by the respondent

It is an established principle of planning law that any person can apply for planning permission for the development of land, irrespective of whether they have an interest in the land to which the application relates. However, regulation 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (the DMPO), SI 2015/595 provides that the applicant for planning permission must give requisite notice of the application to any person who is the owner of land to which the application relates (other than the applicant itself). Where that owner is unknown, a notice in a local newspaper must be given. When submitting