Jurisdiction of the CMS A person with a care of a ‘qualifying child’ may apply to the Secretary of State for a maintenance calculation by the Child Maintenance Service (CMS). A child is a qualifying child in accordance with section 3 of the Child Support Act 1991 (CSA 1991) if one or both of the child’s parents is not living in the same household as them. If the Secretary of State has jurisdiction to make a maintenance calculation, then no court shall exercise any power which it would otherwise

It is assumed that in order to reinstate a claim at the County Court that the claim has therefore been struck out for non-payment of a fee under CPR 3.17, taking into consideration our content on relief from sanctions generally. Relief from Sanctions Since the introduction of the April 2013 Jackson Reforms, the courts have been particularly keen to ensure effective and efficient case and costs management, predominantly by adopting a robust attitude to case management and compliance including using their powers to: • impose sanctions on parties who fail to comply with relevant rules, practice

By section 16(2) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection has the power to make decisions on behalf of a person (P) or to appoint a deputy 'to make decisions on P's behalf in relation to the matter or matters'. MCA 2005, s 16(2) is subject to the provisions of MCA 2005, s 16(1), which provides that MCA 2005, s 16 'applies if a person ("P") lacks capacity in relation to a matter or matters concerning— (a) P's personal welfare, or (b) P's property and affairs.' MCA 2005, s 2 defines 'lack of capacity' for the purposes of MCA 2005. MCA 2005, s 2(1) provides that, for the purposes of the Act, 'a person lacks capacity

The Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) The Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013, SI 2013/1169, reg 13 applies and the relevant parts of this rule pertaining to this question are: '(1) The Tribunal may make an order in respect of costs only— (a) under section 29(4) of the 2007 Act (wasted costs) and the costs incurred in applying for such costs; (b) if a person has acted unreasonably in bringing, defending or conducting proceedings in— (i) an agricultural land and drainage case, (ii) a residential property case, or (iii) a leasehold case; or (c) in a land registration case. (3) The Tribunal may

A prescriptive easement is an easement the right to which has been acquired by use without force, secrecy or licence for a period of at least 20 years. Such an easement can arise under the common law, under the doctrine of lost modern grant, or pursuant to the Prescription Act 1832 (PA 1832). In order to seek to establish such

Whether or not the Landlord and Tenant Act 1987 (LTA 1987) applies to the grant of a lease of a commercial unit, in otherwise qualifying premises, has not been conclusively decided by the courts. It appears likely that it does, based on other authority. See generally Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987 and Dartmouth Court Blackheath v Berisworth. If LTA 1987 does apply to the grant of a commercial lease, the way in which it

We are unaware of anything within Wildlife and Countryside Act 1981 that specifically addresses the point raised in this Q&A. However, see the following which deals with challenging a local authority’s failure to act in relation to the exercise of a public function. Complaints The Local Government Ombudsman (now known as the ‘Local government and Social Care Ombudsman’) investigates complaints of maladministration and/or service failure. The Ombudsman can exercise discretion in particular cases to investigate a complaint that the council has not had an opportunity to address, but this would only happen in exceptional cases. See Local Government Act 1974, s 26(5) (LGA 1974). The

Before 1997, all forms of beneficial co-ownership in an estate in land (freehold or leasehold) existed under a ‘trust for sale’, so that the beneficial co-owners owned interests in the potential sale proceeds rather than the estate itself. Today, following the introduction of the Trusts of Land and Appointment of Trustees Act 1996, all beneficial ownership of an estate in land, including beneficial co-ownership of that estate, is governed by the ‘trust of land’, ie the beneficiary’s interest is in the estate itself. Where land is purchased jointly with the assistance of a mortgage, the full legal title in the estate purchased is vested and remains in the joint purchasers/mortgagors throughout the mortgage

Drivers and operators of goods vehicles and passenger vehicles may be subject to UK domestic or EU working time rules in relation to daily driving and duty limits, breaks and rest requirements. Which set of rules (if any) applies depends on the type of driving and the type of vehicle being used. For an overview of the key working time rules that apply to drivers and operators of goods and passenger vehicles in relation to daily driving and duty limits, breaks and rest requirements, see Practice

It is often the case that the trust instrument (in this case, the Will) contains express wording relating to the obligations of the life tenant. In any case, the trustees should consider their duty to preserve the trust property. For further guidance, see Practice Note: Trustees—duties. General trust law provides principles on where expenses are to be deducted, but these may be overridden by provisions in the trust instrument. Where the trust follows these principles of general law, the same distinction

It is assumed that the testator died on or after 1 January 1983. In the case of gifts to individual children, section 33 of the Wills Act 1837 (WA 1837), as amended by section 19 of the Administration of Justice Act 1982, applies where: • a Will contains a devise or bequest to a child or remoter descendant of the testator • the intended beneficiary dies before the

Given the mismatch between tax rates which occurs, it can be quite useful to have a backlog of potential tax credit or refund which can then be utilised against later distributions. It is important though to keep the opportunities for using the tax pool under review to avoid losing it all together. Once a trust loses its discretionary status, perhaps because the minor beneficiaries' interests have all matured into adult interests in possession, the tax pool will vanish taking with it the potential tax repayments. See Practice Note: Taxation of discretionary and accumulating trusts—the tax pool, which outlines the clear distinction between the tax treatment of undistributed income and accumulated income. Undistributed income may be paid to beneficiaries