An undertaking is a promise to the court to do, or not to do something. The promise is not to the other party. Under section 42(2) of the Family Law Act 1996 (FLA 1996) the court may make a non-molestation order if an application is made, or if there are ‘any family proceedings’ to which the respondent is a party and the court considers that the order should be made for the benefit of any party to the proceedings or any relevant child, even though no such application has been made. FLA 1996, s 46 provides that ‘in any case where the court has power to make an occupation order or non-molestation order, the court may accept an undertaking from any party to the proceedings’. Consequently, undertakings may be accepted by the court

Occupation rent is a form of equitable accounting applicable where a party has occupied jointly owned property to the exclusion of the other owner(s). The court may order that the occupier pay notional rent to the other owner(s) to compensate them for the lack of use of their land. Occupation rent may be claimed under sections 12 and 13 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), or, where that does not apply, under the common law. It is the duty of the court applying the statutory principles set out in TOLATA 1996, ss 12–14 (where they apply) to do justice between the parties with due regard to the statutory considerations in TOLATA 1996, s 15. It is common for mortgage payments to be taken into account, as

Where no application has been made to extend home rights so that they do not come to an end on decree absolute per section 33(5) of the Family Law Act 1996 (FLA 1996), the following options may be considered: • to prevent the property from being sold, a unilateral notice pending the financial remedy proceedings could be placed on the property to notify any potential purchaser of the interest in the land, though this will not itself prevent a sale, see Practice Note: Notices and restrictions, in particular section: Notices • a restriction in Form RX1 may be applied for if it is believed that there is an intention to dispose of or charge or deal with a legal estate, see Practice Note: Notices and restrictions in particular section: Restrictions

There is no specific relief or exemption for non-profit organisations. A relief applies to charities and charitable trusts. ‘Charity’ takes its meaning from Schedule 6 to the Finance Act 2010 (FA 2010). Under FA 2010, Sch 6, para 1, a ‘charity’ is

A ‘loan relationship’ will exist for the purposes of Part 5 of the Corporation Tax Act 2009 (CTA 2009) if a company stands in the position of debtor or creditor in respect of a money debt which arises from a lending of money (CTA 2009, s 302). While certain other instruments or arrangements are also brought within the loan relationships regime, it is this core definition of a loan relationship that is relevant to this question. The concept of a ‘money debt’ presupposes the existence of a ‘debt’ (CTA 2009, s 303). The general characteristic of a debt is that the creditor will, at some stage, be repaid. As discussed further in Practice Note: Loan relationships—what are they?, a debt has been held to be a ‘sum of money which is now payable, or will become payable in the future,

Agency agreements The Q&A relates to a non-exclusive agency agreement whereby the principal may wish to appoint other agents. It has been assumed that this is an agency agreement that is subject to the provisions of the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, which confer certain protection on the agent. The substantive terms in such an agreement would be: • terms of the agency (defining the product/services to be provided and the territorial scope of the agency) • duties and responsibilities of the agent • duties and responsibilities of the principal • commission/fees due to the agent and expenses • intellectual property/Proprietary rights/Confidential information. This would be to the effect that such rights and property (including the list of the principal’s contacts and buyers and the names and addresses of all the principal’s employees remain the property of the principal and all data must be returned to the principal at the termination of the agreement) • termination The

Q&A: If an individual applies for a visa (eg a Skilled Worker visa) outside the UK, but travels into the UK as a visitor while the application is pending, will this have an impact on their pending visa application? states as follows: ‘If an applicant arrives at the UK border while a pending visa application (in this case, Skilled Worker) remains outstanding, they cannot be admitted to the UK via that pending route. Most commonly, the individual would be admitted as a visitor, for which they would require either a pre-existing visa or to be a non-visa national. They would of course have to satisfy all aspects of the visitor rules, notably the requirement that they intend to leave the UK on completion of their visit. As they have a pending application in a another

For the purpose of a claim for a lease extension, the issue is whether the tenant is a qualifying tenant of a flat. The description in the lease is irrelevant. Flat is defined in section 101(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) as meaning: ‘…a separate set of premises (whether or not on the same floor) (a)

The requirement for notice of change of solicitor is set out in CPR 42.2 and provides that the notice of the change of solicitor must be served on every other party and, where paragraph (1)(a), or (c) applies, on the former solicitor as well. The notice must state the party’s new address for service. The notice of change of solicitor is Form N434 and is to be used only in circumstances

A claimant has the right to discontinue a claim at any point, pursuant to CPR 38.2, whether it was initially instituted pursuant to CPR Part 7 or CPR Part 8. The rules and procedure for discontinuing are no different in either circumstance. There is no separate regime for Part 8 claims. See Practice Note: Discontinuance of a claim. The procedure for discontinuing is specified in CPR 38.3. A notice of discontinuance must be filed with the court and served on every other party to the proceedings. The notice filed with the court must state that it has been served on all other parties. The right to discontinue is subject to the permission of the court if an interim injunction has been granted or if any party has given an undertaking to the court in the proceedings (CPR 38.2(a)). If there is more than

The Insolvency Act 1986 (IA 1986) provides for the out-of-court appointment of an administrator by a company or its directors—see particularly, IA 1986, Sch B1, para 22, and Sch B1, paras 26–31, as well as the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 3.23 and 3.24. The company or its directors who propose to make the appointment of an administrator of the company (as they are empowered to do by IA 1986, Sch B1, para 22) are required by IA 1986, Sch B1, para 26(1) to give at least five

Information on the notice of intention to claim a redundancy payment can be found in: • the section: ‘Employee’s notice of intention to claim’ of Practice Note: Redundancy payments for lay-offs and short-time • Harvey on Industrial Relations