Subject to any direction of the court, an electronic signature may be used in connection with an undertaking given to the Family Court. Reference should be made to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, specifically FPR 2010, PD 17A, para 4A.1 on electronic signatures, which provides, inter alia, that where a form referred to in FPR 2010, PD 5A, or a form completed or generated by electronic means in accordance with FPR 2010, SI 2010/2955, Pt 41, or a document other than a form, such as a witness statement, makes provision for an electronic signature of a statement of truth, references in

Form D180 (PDF Format) may be used in relation to the registration of orders under Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters (Brussels II bis). As of 31 January 2020, the UK ceased to be an EU Member State and will no longer participate in the political institutions and governance structures of the EU, however, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marks the commencement of an 11-month implementation period during which the UK will continue to be treated by the EU as a Member State

We refer you to the following in order to help determine whether a GP doctor should accept a particular gift under a patient’s Will: • Practice Note: Failure of gifts—causes and effect, which provides an overview of the reasons why a testamentary gift might fail. Note that any person and the spouse or civil partner of that person, taking a beneficial interest under a Will, is barred from taking the interest if they also acted as witness to the Will. An exception to this is where

See Practice Note: Promoting a compulsory purchase order, including preparing the order and order documents and making the order. Where a CPO is confirmed Under the heading ‘judicial review’ of the above Practice Note it is explained that where a CPO is confirmed, it can be challenged by ‘persons aggrieved’ only, by way of section 23 of the Acquisition of Land Act 1981 (ALA 1981). ALA 1981, s 23 provides a power for ‘persons aggrieved’ (ie third parties

Grampian conditions and planning permission Section 70 of the Town and Country Planning Act 1990 states that a local planning authority: '…may grant planning permission, either unconditionally or subject to such conditions as they think fit.' Paragraph 56 of the National Planning Policy Framework states that conditions must meet certain requirements: 'Planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.' See Practice Note: The National Planning Policy Framework. A condition that does not meet these requirements may be held to be unlawful. National Planning Policy Guidance (PPG) states that: 'Conditions requiring works on land that is not controlled by the applicant, or that requires the consent or authorisation of another person or body often fail the tests of reasonableness and enforceability.' However, such conditions can be lawful, and a Grampian condition

Under section 72(1)(a) of the Town and Country Planning Act 1990 (TCPA 1990), conditions can be imposed to regulate development or use of land which is ‘under the control’ of the applicant, whether or not it is land to which the application directly relates. Conditions requiring works on land that is not controlled by the applicant, or that require the consent or authorisation of another person or body, often fail the tests of reasonableness and enforceability but it may be possible to achieve a similar result using a condition worded in a negative

In this Q&A we refer to a signature by a Head of Finance who is not a director of any of the companies. A company can execute simple contracts in one of two ways: • by a company, or • on behalf of a company See section 43 of the Companies Act 2006. Execution by a company can be achieved by way of a signature of two authorised signatories or a director who signs in the presence of a witness who attests the director’s signature. Execution can also be achieved by a person signing (usually a director) the contract under their express or implied authority. Whether

You may wish to consider the powers in section 278 of the Highways Act 1980 (HiA 1980). HiA 1980, s 278—agreements as to execution of works—can be used in the following circumstances: (1) A highway authority may, if they are satisfied it will be of benefit to the public, enter into an agreement with any person— (a) for the execution by the authority of any works which the authority are or may be authorised to execute, or (b) for the execution by the authority of such works incorporating particular modifications, additions or features, or at a particular time or in a particular manner, on terms that that person pays the whole or such part of the cost of the works as may be specified in or determined in accordance with the agreement. (2) Without prejudice to the generality of the reference in subsection (1) to the cost of the works, that reference shall be taken to

A Traffic Regulation Order (TRO) is an order made by a Local Highways Authority (LHA) pursuant to section 1 of the Road Traffic Regulation Act 1984 (RTRA 1984). TROs can be used to restrict traffic in a number of ways, however, RTRA 1984, s 3(3) confirms that TROs cannot be used to impose speed limits. LHAs do, however, have the power to restrict the speed limit on any road by making an order pursuant to

Our Practice Note: Required signs and marking the road surface [Archived] is useful in considering this matter. Generally, a Highway Authority is required to erect traffic signs on or near highways in compliance with the Traffic Signs Regulations and General Directions 2002, SI 2002/3113 or with the express authorisation of the Secretary of State under section 65(1) of the Road Traffic Regulation Act 1984 (RTRA 1984). The Regulations

It has been assumed for the purposes of this Q&A that the person in question never entered the UK during the period in which the entry clearance was valid. In order to answer this Q&A, it is first necessary to understand the Immigration Rules pertaining to returning residents. Under the Immigration Rules, Part 1, para 18, where a person is re-entering the UK, had indefinite leave to enter or remain when they last left, has not been away from the UK for more than two years, and did not receive assistance from public funds towards the costs of leaving the UK, they are entitled to resume their residence in the UK and do not need a visa

The statutory powers conferred on the receiver are set out in section 109 of the Law of Property Act 1925 (LPA 1925). Any express powers conferred on the receiver by the mortgagee shall have the same effect as if they were contained in LPA 1925. Section 42(1) of the Insolvency Act 1986 (IA 1986) sets out the powers of a receiver in IA 1986, Sch 1. It states that receivers have the power to grant or accept a surrender of a lease or tenancy of any of the property of the company, and to take a lease or tenancy of any property required or convenient for the business of the company. See our Practice Notes: Roles, powers,