A Quistclose trust is a trust which arises in specific circumstances where the court, in circumstances where a payee receives monies on terms that they are to be applied only for a specific purpose, treats the payee as holding that money on trust unless and until the specific purpose has been fulfilled. The trust is named after the House of Lords decision in Barclays Bank v Quistclose but the concept has been recognised for a much longer period. In the eponymous case, the House of Lords held that monies in a bank account against which Barclays had sought to exercise a right of set off were trust monies

In answering this Q&A, we have assumed that any contractual tenancy has already been determined and the statutory tenancy is all that remains to be determined. A Rent Act 1977 (RA 1977) tenancy remains protected for as long as the contractual tenancy remains in force. Once the contractual tenancy has been determined, the tenancy becomes a statutory tenancy. Generally, under a RA 1977 tenancy the landlord cannot evict the tenant unless he or she gets

It is extremely difficult to obtain an order for possession of a regulated tenancy so a landlord may wish to consider negotiating a surrender at an early stage—this will give certainty that possession can be regained. This question discusses the situation where a surrender has been agreed in return for payment of a premium to the tenant. See Practice Note: Vacant possession strategy for redevelopment. The tenant can enter into a contract to surrender, but it cannot be enforced against them. This is on the basis that the security of tenure conferred by the Rent Acts is lost only by a possession order made by a court, by the tenant giving up possession, by their ceasing

A tenant can acquire a right of light for the benefit of its lease against an adjoining landowner. A tenant can also acquire a right against its own landlord, another tenant of its landlord or a third party. The terms of the lease must be checked carefully—a lease may: • reserve all rights of light to a landlord, and/or • prohibit the tenant from enjoying any light other than by consent of the landlord (by way of a consent or agreement in writing to the enjoyment of the light under the Prescription Act 1832 (PA 1832), which prevents the tenant acquiring their own rights of light The position will depend on the exact terms of the lease—if the lease does not contain such provisions, or they are worded so as to qualify the reservation (eg by incorporating

The international jurisdiction of the Court of Protection is governed by section 63 of the Mental Capacity Act 2005 (MCA 2005) and MCA 2005, Sch 3. These provisions broadly mirror the provisions of the Hague Convention XXXV on the International Protection of Vulnerable Adults (the Convention). The UK is a signatory to the Convention although it has only ratified the Convention in relation to Scotland and not in relation to England and Wales. For the purposes of MCA 2005, Scotland is a foreign jurisdiction. We refer you to the Practice

The key factor in determining how a Will drafted and executed in Scotland in respect of assets in England should be dealt with is the domicile of the deceased at the time of death. For more information, see Practice Note: Administration of estates—non-domiciled individuals. See also Practice Note: Domicile for UK tax purposes before 6 April 2025 [Archived] which explains the concept of domicile in the context of UK taxation and how domicile may be acquired and lost. It also explains key factors in determining domicile. In summary, there are three types of domicile: • Domicile of origin • Domicile of dependency • Domicile of choice A person is often domiciled where they have a permanent home, but not always. In determining a person’s domicile, residence and intention are key factors. If

This Q&A considers whether a Sears Tooth agreement can be entered into in a case brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). A Sears Tooth agreement is named after the case of Sears Tooth v Payne Hicks Beach in which Wilson J held that an assignment of the capital benefit of the outcome of financial remedy proceedings in order to cover the costs of solicitors was not contrary to public policy. It is an effective and legitimate means for a solicitor to receive payment of their costs. Wilson J observed as follows: ‘I have come to the clear conclusion, by reference not only to modern general principle but also to such specific jurisprudence as exists, that the deed between ST

The office of the Prime Minister has developed by convention, and unlike the devolution settlements for instance, has no single, formal legal source. The Cabinet and its role has similarly evolved over time. Neither office has a single statutory footing, though both are recognised in statute for certain purposes. The main functions of the Cabinet include the determination of government policy and the legislative programme, and the coordination of the activities of government departments. The Cabinet may also resolve disputes between government departments. Major government departments are placed under the control of a Secretary of State, under whom other ministers may contribute to particular functions. The authority of Secretaries of State may derive from the royal prerogative, but in practice many of their powers are statutory. This

This Q&A does not address absences in relation to the continuous residence requirement when making an application for settlement. For further information, see Practice Note: General requirements for settlement in work, business and investment categories ('Physical presence (absences)'). The employee will need to be aware that extended absences may affect their eligibility in that regard. The Practice Note: Skilled Worker, Global Business Mobility and Scale-up routes: changes of employment, at section ‘Secondments overseas’ states that: ‘…a person with permission as a Skilled Worker or under an Intra-Company, Global Business Mobility or Scale-up routes may choose to work remotely from overseas. In such a situation consideration should be given to whether this change constitutes a change to the location at which they are employed and therefore needs to be reported.’ The reasoning for this is given below. The relevant reporting duty is discussed in Practice Note:

Immigration Rules, Appendix Skilled Worker, para SW 42.1 (‘Qualifying period requirements for settlement as a dependent partner of a Skilled Worker’) provides that a dependent must have spent a continuous period of five years in the UK with permission as the dependant of a Skilled Worker. The Appendix also states that a dependant must meet the continuous residence requirements as set out in Immigration Rules Appendix Continuous Residence. See Immigration Rules, Appendix Skilled Worker, para SW42.1. Immigration Rules, Appendix Continuous Residence in the section ‘Absence from the UK’ (para CR 2.1), confirms that to meet the continuous residence requirement an applicant must not have been outside the UK for more than 180 days in any 12-month period (subject to certain specified exceptions). Additionally, Appendix Continuous Residence states that when calculating the period of absence from the UK,

We refer you to the following Practice Notes: Will drafting—applying the EU Succession Regulation and Case study—cross-border estate involving the EU Succession Regulation and French real property, which outline the default position under Article 21 of Regulation (EU) No 650/2012 (EU Succession Regulation) that the law of the state in which the deceased died habitually resident applies to succession matters unless the deceased was manifestly more closely connected with another state. Article 22 of

Standard National operator licences and International Standard operator licences Under the Goods Vehicles (Licensing of Operators) Act 1995, there are three types of goods vehicle operator's licence: • a standard international licence for national and international haulage operations carrying goods for hire or reward, or • a standard national licence for national haulage operations only, carrying goods for hire or reward, and • a restricted licence for the carriage of goods on the licence holder’s own account in connection with their business A standard licence is an operator's licence under which a goods vehicle may be used on a road for the carriage of goods for hire, reward or in connection with a business. A restricted licence permits the use of a goods vehicle on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward. General haulage