Section 2.2.8 of HM Land Registry Practice Guide 75: transfer under a chargee's power of sale sets out the forms of restriction that HM Land Registry will remove if it is satisfied that the transfer had overreaching effect. A Form

Pursuant to Schedule 1 to the Children Act 1989 (ChA 1989), the court has the power to make several orders on the application of a parent, guardian or special guardian of a child, or by any person who is named in a child arrangements order as a person with whom a child is to live. The court has the power to order a lump sum, transfer and settlement of property. Additionally, the court may make an order for periodical payments or secured periodical payments. A contested order for periodical payments may only be made by the court, however, where: • the Child Maintenance Service (CMS) has assessed that the paying party’s income exceeds the maximum amount provided for in paragraph 10(3) of Schedule 1 to the Child Support Act 1991 (CSA 1991) • the child is receiving instruction at an educational establishment or undergoing training, and the order

Multi-tier dispute resolution clauses Contractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant disputes under their contract shall be resolved by mediation followed by, in the event that mediation is not successful, binding arbitration. Indeed, many model alternative dispute resolution (ADR) clauses provide for such an approach—see for example, Mediation followed by arbitration: Chartered Institute of Arbitrators: Atkin's Court Forms [214]. The fact that parties agree for mediation to take place in one location and for arbitration to take place in another is, once again, subject to relevant applicable law, a matter of party autonomy, although such approach will have logistical challenges for the parties

A negligible value claim can be made where an asset has become of negligible value (worth next to nothing). It allows the shareholder to claim a capital loss by treating the asset as having been sold and immediately re-acquired at the value specified in the claim (normally zero): see section 24(2) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992). It follows that if the claim is to result in a capital loss, a hypothetical disposal of the asset must result in

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and standing on lands of different ownership or so much of wall not on land of different ownership that separates buildings belonging to different owners. Such walls are effectively boundary walls belonging to one or more buildings under different ownership. In practical terms this means either a wall standing astride a boundary (though there is no need for it to be astride equally each side of the boundary),

We have not been able to find any authority or Commentary which suggests that a new owner is somehow prevented from objecting to a Compulsory Purchaser Order (CPO) where the former owner decided not to object to the same CPO.

What is a right of way? A right of way is an easement whereby the owner of the land allows another person (who does not own the land) a right to pass over it. That person does so without needing any further permission and is not a trespasser. The land over which the right of way exists is called ‘servient land’. Servient land serves what is known as a ‘dominant tenement’ which is land that can be accessed via the right of way—see Practice

The doctrine of lost modern grant is useful where the enjoyment of the land does not continue up to the commencement of the action (in contrast to the position under the Prescription Act 1832). A prescriptive easement under this doctrine may arise if it can be established that there has been upwards of 20 years' uninterrupted use at any point in time,

Section 62 of the Law of Property Act 1925 (LPA 1925) provides that every 'conveyance' of land is deemed to include and operates to convey with the land: • all ways, waters, watercourses, liberties, privileges, easements, rights and advantages • appertaining or reputed to appertain to the land, or • at the time of the conveyance, demised, occupied or enjoyed with or reputed or known as part and parcel or appurtenant to the land or any part of it 'Conveyance' is defined in LPA 1925, s 205 as including a lease and every other assurance of property, except a Will. This does not include an oral lease, nor an agreement for a lease for a term exceeding three years. It does, however, include a tenancy agreement for less than three years, provided it is in

Case study A buyer owns a residential buy to let property. The buyer acquires a new dwelling with the intention of it becoming a main residence and pays the 3% additional rates of stamp duty land tax on the purchase. The buyer moves into the buy to let property as its main residence after it has acquired the new dwelling. They then move into the new main residence and sell the buy to let property. Can the buyer reclaim the higher

Under the Working Time Regulations 1998, SI 1998/1833 (WTR 1998), a 'night worker' is one who: • 'as a normal course' works at least three hours of their daily working time during night time, or • is specified as a night worker in a collective agreement or workforce agreement ‘Night time' is, by default, the period between 11pm and 6am. This can be varied by a relevant agreement (eg a contract of employment) to be any period which: • is a period of not less than seven hours, and • includes the period between midnight and 5am A person works hours 'as a normal course' (without prejudice to the generality of that expression) if they work such hours on the majority

This Q&A looks at whether or not a non-EEA national spouse of an EEA national will continue to benefit from EU free movement law when the EEA national obtains British citizenship, and the practical implications of this issue. Dual nationality and the effect of naturalisation Where a person is a national of two EU states, they will not normally be able to invoke EU rights of residence unless they have moved from one Member State to another in order to exercise their rights of free movement, according to the Court of Justice of the European Union (CJEU) decision in McCarthy v Secretary of State for the Home Department (SSHD). Thus, where a British and Irish dual national has lived all of their life in the UK, their family members (including their spouse) would not be able to derive any rights of residence from them under EU law. From 16 July 2012, the UK government implemented