The granting of prior approval may be subject to conditions. In Pressland v Council of the London Borough of Hammersmith and Fulham, the Planning Court held that the procedure under section 73 of the Town and Country Planning Act 1990 for varying

In order to bring a claim in negligence against the solicitors, M will have to establish: • that it was owed a duty of care by the solicitors • that the solicitors breached their duty owed to M, and • that M’s losses were caused by the solicitor’s negligence and were reasonably foreseeable Was there a duty? Practice Note: Who can be parties to a professional negligence claim? considers who can be a party to a professional negligence claim; including issues as to when the professional (in this case solicitors) have agreed to act for the prospective claimant. Where solicitors are retained to act for M (as well as for B) and therefore,

This Q&A will be relevant where the co-owner no longer has a leasehold interest in the flat and the legal title is held as joint tenants. For further information see Practice Note: Joint ownership and gov.uk joint property ownership. Co-ownership: Joint tenants or tenants in common You may consider as a first step severing the joint tenancy if the property is held as joint tenants. Severance is the process by which a joint tenancy is converted into a tenancy in common. For further information on severing a joint tenancy see Practice Note: Severance of a joint tenancy. A

A contract variation is a subsequent change to an original contract agreed to by the parties to the original contract. Contracts can be varied in several ways: • written variation—provided that the variation satisfies the usual requirements for the creation of a binding agreement—ie offer, acceptance, consideration and contractual intention of the parties) • oral variation—for an oral variation to be valid, it must meet the same requirements as apply to written variations—ie it must satisfy the usual requirements for the creation of a binding agreement • variation by conduct—such conduct may be an act or omission • unilateral variation—where

The principal legislation governing Community Interest Companies (CICs) is contained in: • Companies Act 2006 • Companies (Audit, Investigations and Community Enterprise) Act 2004 (C(AICE)A 2004) • Community Interest Company Regulations 2005, SI 2005/1788 (the CIC Regulations) • Community Interest Company (Amendment) Regulations 2014, SI 2014/2483 C(AICE)A 2004, s 26 provides that a CIC can be: • a company limited by guarantee (with or without a share capital) • a private company limited by shares, or • a public company limited by shares A general partnership is defined in section 1 of the Partnership Act 1890 (PA 1890) as being ‘the relation which subsists between persons carrying on a business in common with a view to profit’. As such the partners in a partnership can be individuals, corporations, other partnerships or a combination of these (section 5 of

An individual making a data subject access request (DSAR) to a data controller is entitled to obtain from the data controller as to whether or not personal data concerning them is being processed, and if so, access to the personal data and the following information: • the purposes of the processing • the categories of personal data concerned • the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing  • the right to lodge a complaint with a supervisory authority • where

It is assumed that the main contractor is a company, so a CVA (rather than IVA) is proposed. Although the supervisor of a CVA has no power to disclaim an unprofitable contract (cf the power of a liquidator to disclaim under section 178 of the Insolvency Act 1986), a CVA could be drafted to bind unsecured creditors, including those with a claim for damages resulting from breach of contract. A judgment under an adjudication procedure would also be treated as an unsecured claim. For further reading, see Practice Note: In what circumstances can a CVA be

As set out in Practice Note: Child Student: eligibility, to apply for a Child Student visa, an applicant must have an unconditional offer of a place on a course with a licensed sponsor. To prove this, the institution will send the applicant a reference number (Confirmation of Acceptance for Studies (CAS)) once a place has been offered on the course. A CAS is required before an application for a Child Student visa can be made. It depends on an applicant’s circumstances whether they can start studying at an institution after a CAS has been issued but before the visa is granted.  This response looks at whether a Child Student who is extending their stay to undertake a new course at the same school can commence study after the CAS is assigned but before the leave application is decided. An example of this might be where

A judicial review is a review by the court of the lawfulness of a decision made or action taken by a public body. The review is not concerned with the correctness of the decision or action, but the manner in which it was made or taken. Judicial review is a powerful tool to ensure that public authorities are acting within the bounds of the law and is open to those adversely affected by the decision-making. In order to bring a claim for judicial review, the interested person (a claim for judicial review being brought by the Crown on behalf of that person) must have standing,

A writ of control is, pursuant to section 62(4) of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007), the new terminology for the old writ of fieri facias. A writ of control is an enforcement measure which requires a High Court Enforcement Officer to take control of and thereafter sell by auction goods belonging to the debtor in order to obtain satisfaction of the judgment debt. Warrants of control are available for enforcement through the County Court. Part 70 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 makes general provision for the enforcement of judgments and orders. Additionally, CPR Part 83 deals, amongst other things, with requests by a judgment creditor for the transfer of

The requirements for a good root are: • is at least 15 years old • deals with or shows the ownership of the whole legal and equitable interest contracted to be sold • contains an adequate description of the property; and • contains nothing to cast any doubt on the title The best good root of title is a conveyance on sale (or in the case of a long leasehold, a transfer or assignment of the lease) because, in theory, the

Dispute Resolution analysis: The First Chamber of the European Court of Justice has ruled that a person who contracts with a foreign exchange brokerage to use its online trading platform should be regarded as a ‘consumer’ for the purposes of the jurisdiction provisions of Regulation (EU) 1215/2012, Brussels I (recast), if the person is not using the platform for professional activity. Such users would therefore be entitled to sue the brokerage which operates the platform in their home courts, irrespective of the provisions of the underlying contract. Written by David Juckles, barrister, at Hailsham Chambers.