The normal requirement, as set out in CPR 40.11, is for a judgment debt to be paid within 14 days, unless the court specifies a different date for compliance, including specific payment by instalments. By CPR 40.9A, where a judgment or order has been given in the County Court for the payment of money, the creditor, or, as the case may be, the debtor, may apply for a variation in the date or rate of payment. The creditor may apply in writing for an order that the money be paid by instalments, and the court officer may make an order accordingly,

Section 40(1)(b) of the Family Law Act 1996, (FLA 1996) provides the power for the court to: ‘order a party occupying the dwelling-house or any part of it (including a party who is entitled to do so by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation) to make periodical payments to the other party in respect of the accommodation, if the other party would (but for the order) be entitled to occupy the dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any such enactment.’ Although

It is assumed for the purposes of this Q&A that the 50-year term still has a substantial period to run. What type of farmland tenancy? The starting point is to identify which statute applies to the tenancy in question. For many years, there have been specific statutory regimes for agricultural tenancies that apply instead of the provisions applicable to most business tenancies—see the exclusions at section 43 of the Landlord and Tenant Act 1954 (LTA 1954). The key statutes are the Agricultural Holdings Act 1986 (AHA 1986) and the Agricultural Tenancies Act 1995 (ATA 1995). However, just because a tenancy comprises farmland does not necessarily mean it comes within either of these, although the vast majority of long tenancies of farmland will. It is necessary to check the statutory provisions. Leaving aside tenancies of farmland which fall outside the specific statutory regimes for agriculture, the main issue

The pre-application requirement for attendance at a mediation information and assessment meeting (MIAM) is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3 supplemented by FPR 2010, PD 3A. See Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). Proceedings to which the MIAM requirements apply are set out in FPR 2010, PD 3A, paras 12–13, see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs)—Relevant family proceedings. The MIAM requirements apply to, inter alia, an application for an order for financial provision for children under Schedule 1 to the Children Act 1989 (ChA 1989) (per FPR 2010, PD 3A, para 13(1)(b)). In certain specified circumstances, the MIAM

Powers of a sole trustee Trustees have a range of powers conferred on them by the Trustee Act 1925 (TA 1925), the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and the Trustee Act 2000 (TrA 2000), including administrative powers such as the statutory power of investment. General trust law provides that trustees can act in relation to the settlement property as if they were the absolute beneficial owner, while always having regard to their fiduciary duty of care to the beneficiaries of the trust. Additionally, the trustees may be given express powers in the trust instrument. However, subject to the provisions in the trust documentation, there

Non-payment of rent creates a debt. When a debtor makes a payment to their creditor, they may exercise a right known as appropriation. This right entitles a debtor to stipulate how a payment is to be treated by the creditor. For instance, where a debtor owes several debts to the same creditor, the debtor may appropriate any payment they make to any particular debt or debts. The creditor is obliged to apply the payment in the manner directed. For an appropriation to be effective, the debtor must communicate the debtor’s intention to appropriate the payment to a specified debt. A debtor may make an appropriation when making the payment, or afterwards, but if the debtor

A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of land. In 1990 it was amended into section 106 of the Town and Country Planning Act 1990 (TCPA 1990). Both section 52 agreements and section 106 agreements were and are intended to make development acceptable which would otherwise be unacceptable in planning terms. Is the procedure for discharging a section 52 agreement the same as a section 106 agreement? The procedure for discharging a section

A landlord who has the option to pursue a number of different parties in respect of rent arrears may pursue all of these parties for the same sums, including issuing proceedings and obtaining judgment against them. However,

Accepting payments of rent, which fell due after the landlord had notice that the right to forfeit had arisen, will waive any existing right to forfeit. A landlord who wishes to preserve a right to forfeit should also be extremely cautious about accepting rent from any period before that. Whilst is it possible in certain circumstances for a landlord to appropriate monies paid by a tenant to historic arrears in respect of which the right

A deed of variation of a disposition in a Will by a person who would otherwise receive the benefit of that disposition is effectively a gift by that person to another. Therefore, if the only legatees effecting the variation are of full age and sound mind, and the legacies in favour of minors are unchanged, the minors will not make a gift and will not need to sign a deed. If a legacy in favour of a child is reduced or extinguished by a deed of variation, it will not be valid unless it is approved by the court on an application under the Variation of Trusts Act 1958 or under the court’s

Legal ownership of a property in England and Wales where there is more than one proprietor will always be as joint tenants. This means that each owns the indivisible whole, and if one dies, the other seamlessly becomes the sole owner (or if there are more than two legal owners, each diminishing number of owners does, until there is only one left). This is known as the doctrine of survivorship. There is no transfer, and the interest of the co-owner does not fall into their estate, rather their interest is simply extinguished. Co-owning legal joint tenants hold the beneficial interest of the property on trust for the beneficial owners. The starting point is that that is them themselves.

The procedure for standard disclosure is set out in CPR 31.10 and requires that ‘[e]ach party must make, and serve on every other party, a list of documents in the relevant