A legal services payment order (LSPO) is an order requiring one party to divorce, dissolution and financial proceedings to provide funds to the other party to enable them to obtain legal advice and representation. They were introduced in April 2013 and are contained within sections 22ZA and 22ZB of the Matrimonial Causes Act 1973 (MCA 1973) and in relation to civil partnerships in Schedule 5, Part 8 of the Civil Partnership Act 2004 (CPA 2004). A LSPO is an interim order and is sought by an application within the proceedings made underthe Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18. Such orders will only be made if the court is satisfied that without an order, the

The current position is that a legally aided litigant is not entitled to fee remission for the purposes of the issue fee for court proceedings. The relevant extract of the governing regulations is Civil Proceedings Fees Order 2008, SI 2008/1053: ‘SCHEDULE 2 1.— Interpretation (1) In this Schedule— “child” means a person— (a) whose main residence is with a party and who is aged— (i) under 16 years; or (ii)

This Q&A discusses the rights of a lender to set off a sum that the lender owes to a borrower (eg a credit balance on a deposit account) against an unmatured liability owed by the borrower to the lender, that is a sum that has not yet become due (eg a bullet repayment of a loan falling due in the future). For an explanation of the basis of set-off and the types of set-off that are available under English law see Practice Notes: What is set-off and when is it available? and Types of set-off. Summary It is not normally possible for solvent parties to assert a set-off unless the amounts involved are both due and payable. It is possible for a lender to make provision in a loan document which would allow it to set off a sum it owes to a borrower against an unmatured liability of the borrower. In an insolvency the mandatory set-off regime relating to

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime [Archived]. What is a copy? The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations, SI 1983/1557, reg 3 states that a copy must be a 'true copy'. The case of Carey v HSBC Bank stated that a true copy need not be a photocopy or other form of literal copy of the executed agreement. It could instead be a 'reconstituted version' of the executed agreement which could be produced from sources other than the original credit agreement. There are however minimum requirements of content that should be

This Q&A considers the issues that a lender faces if it requests new security for both new and existing loans as a condition to the advance of further funds to an existing financially distressed borrower. For information on taking security, see Practice Notes: • Introductory guide to security in a lending transaction • Key features of debentures • How to draft and negotiate security documents in loan transactions For information on the ability of an administrator or liquidator to challenge transactions entered into before the commencement of insolvency, see Practice Note: Introductory guide to antecedent transaction claims—considerations for lending transactions. Summary It is not uncommon for a lender to be faced with a request for additional funds by a financially troubled borrower. Where the existing loan was made available on an unsecured basis, the lender may not wish to advance any more funds unless security is created to reduce the lender’s risk. If

So long as the agent is duly authorised by both joint landlords to agree the extension of section 29B(1) of the Landlord and Tenant Act

It is presumed that this matter relates to a contractual debt claim based on an oral agreement between the parties. With regards to this Q&A, it is not defined as to whether there is any particular dispute or whether it is simply the case of the parties having to be in agreement on the funds already paid and the actual balance of any amount owed. On this basis, it is important to recognise which pre-action protocol within the CPR applies. This would either fall under the Pre-Action Protocol for Debt Claims or under the Practice Direction Pre-Action Conduct and Protocols.

We assume you are referring to use of a letter of intent and a confidentiality agreement in a general commercial contract scenario. Additional considerations may be relevant for a letter of intent depending on industry or sector. For example, a letter of intent serves a specific purpose and is available in agreed industry formats in the construction industry. Letters of intent A letter of intent is a document which precedes substantive contract negotiations and the ultimate signed formal contract. In a commercial scenario, a letter of intent is typically used, for example, by a customer expressing its intention to enter into a contract with a supplier so that the supplier may make the necessary arrangements for that contract in advance of its commencement, but in the absence of the final signed agreement. For this reason, letters of intent may also be referred to as comfort letters. Letters of intent for these types of commercial situations are often, although not always, stated

Can a life interest be terminated by actions only rather than by a deed, eg life tenant not taking income? For the purposes of this Q&A it is assumed that the life interest is not a ‘flexible life interest’. An express trust, after it has become operative, may come to an end in a number of ways, for example by action taken by the trustees, the settlor, the beneficiaries or a third party. The

No information has been provided about the detailed trust terms or the intended change to the terms of the trust (for example whether it is a change to administrative provisions or beneficial interests) or how the variation is to be achieved (for example whether by application to court or by an exercise of the trustees’ express power, if any), so it is difficult to provide a clear response to question. We also do not know whether the minor’s interest in the trust is to be

Life tenants A life interest trust arising under a Will is termed ‘an immediate post death interest’. The trust gives the life tenant the right to receive the income from the trust property. If the trust assets consist of cash and/or shares, this will be the dividends and shares from those assets. If the trust comprises residential property, the life interest trust will enable the life tenant to reside in the property or receive the rental income if it is let. See Practice Notes: Creation of trusts—life interest trusts and Termination of trusts—methods of termination. After the death of the life tenant (or other event as outlined below), the Will names the remainder beneficiaries and what is to happen to the capital of the trust. The Will might confer a power of appointment/advancement

There are specific bases on which a defendant can seek to challenge the jurisdiction of the court and these are set out in Practice Note: Challenging court jurisdiction—general principles. You will see that in each case the defendant has to be domiciled outside the jurisdiction and there are no bases dealing with limitation. Where there is a limitation issue in play, this