Section 8 of the Children Act 1989 (ChA 1989) provides that a prohibited steps order is an order that 'no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court’. Note therefore that the statutory definition of a prohibited steps order permits a court to restrain 'any person without consent

Section 8(1) of the Children Act 1989 (ChA 1989) provides that a prohibited steps order is: ‘…an order that no step which could be taken by a parent in meeting [their] parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court…’ In Re C (Due Process), Ryder LJ makes clear that the terms of ChA 1989,

A prohibition notice requires the recipient to cease a particular activity or state of affairs. It requires more drastic action than that required by an improvement notice—it does not just require the recipient to take remedial action; it requires the recipient to stop doing something altogether (in some cases, immediately) until such action has been taken. Withdrawal An inspector may withdraw a prohibition notice served under section 22 of the Health and Safety at Work etc Act 1974 (HSWA 1974) after it has been served, but only where the requirements do not take immediate effect. If

An analysis of the issues raised in this question will largely turn on the construction of the word ‘subcontract’ and whether, in any given circumstance, the procuring by a party of additional external resources falls within that definition. We have undertaken a limited case search but have been unable to find any authority in which this point was considered. However, the below information may be useful. Meaning of ‘subcontract’ It will first of all be necessary to establish on the facts and in the context of the clause which prohibits it, whether a subcontract has been created. Subcontracting is the delegation by one party of some or all of its obligations under a contract between it and a customer to a third party (the subcontractor) for performance by the subcontractor. Contractual liability for performance of the obligations remains

Section 35 of the Planning Act 2008 (PA 2008) provides the Secretary of State with power to direct that a specific project should be treated as development for which development consent is required under the PA 2008. The power under

Even though the property in question is overseas, the court has jurisdiction to make an order for sale of foreign property, where that order operates and is enforceable ‘in personam’ (as opposed to ‘in rem’). For further guidance, see Commentary: Property law claims in relation to foreign property: Rayden & Jackson on Relationship Breakdown, Finances and Children [21.28]. It may be necessary to take advice from a specialist lawyer in the

The guidance available is predominantly based on the laws of England and Wales. However, we refer you to the following which you may find useful. Where a court in England and Wales accepts jurisdiction in respect of a claim for financial remedies, it will apply English law to the dispute. However absent some form of international provision the enforcement against an asset outside of the jurisdiction can prove problematic. Judgments, court settlements and authentic instruments arising from uncontested claims may be enforced within the EU under the Regulation (EC) No 805/2004, European Enforcement Order. However it does not apply to disputes concerning property rights arising out of a matrimonial relationship. Regulation (EU) 1215/2012, Brussels I (recast) also does not assist, as it excludes from its scope, inter alia, ‘rights in property arising out of a marital relationship’. This includes

This Q&A considers whether the court has the power to vary a property adjustment order which had been made as a trust of land varying the parties’ beneficial interests in the former matrimonial home. It also considers whether consequential provisions such as date of sale or date for one spouse to buy the other out can be varied. Pursuant to section 24 of the Matrimonial Causes Act 1973 (MCA 1973) the court has the power to make a property adjustment order (see: Property adjustment orders—overview). A property adjustment order covers the following orders: • transfer of a property (MCA 1973, s 24(1)(a)) • settlement of a property (MCA 1973, s 24(1)(b)) • variation of a pre-nuptial or post-nuptial agreement (MCA 1973, s 24(1)(c)) • an order extinguishing or reducing the interest of either party under a pre-nuptial

For the purposes of this Q&A we have limited our research to cover whether it is theoretically possible to secure a Deferred Payment Agreement (DPA) on an asset out of the jurisdiction rather than the practical considerations of how this could be achieved. The legislative framework for a local authority to enter into DPA is set out within sections 34 and 35 of the Care Act 2014 (CA 2014) and the Care and Support (Deferred Payment) Regulations 2014, SI 2014/2671. Who is eligible for a DPA? Pursuant to SI 2014/2671, a local authority is either obliged to enter into a DPA (SI 2014/2671, reg 2) or have a discretion to enter into one (SI 2014/2671, reg 3). The local authority is obliged to do so where the individual is, is going to be, or the local authority is of the view that

The regulation of insolvency practitioner’s conduct in the area of VAs is found primarily in Statement of Insolvency Practice (SIP) 3.1, the Code of Ethics for Insolvency Practitioners and the individual membership rule of the insolvency practitioner’s authorising body. These collectively set out the professional standards obligations which apply to nominees and supervisors of IVAs, but do not dictate the terms of the IVA itself. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 8.3 sets out the required contents for an IVA proposal. These requirements are mandatory. However, there are only limited legislative provisions around the mechanics of supervising an IVA and only limited statutory powers afforded to the supervisor in the Insolvency

A legal easement is one which is created for an interest equivalent to a fee simple absolute in possession or a lease for a term of years absolute. It can be created by statute, by deed or by Will. In this case there is no executed document and so there can be no legal easement. If the servient land (the land which is subject to the easement) is registered, then even if there is a deed, registration of the easement is required if it is to take effect as a legal easement. For more information, see Practice Note: Easements—nature and characteristics. In this case there is no deed and no registration. The question suggests

There is no specific statutory restriction on a company withdrawing a resolution after the notice of the meeting has been sent. However, a number of important points and safeguards need to be noted. If the withdrawal of one or more resolutions raises the prospect of a meeting being cancelled after the notice has been given, then this additional step is generally not viewed as acceptable. When notice has been duly given of a meeting, the meeting cannot be postponed by a subsequent notice; the proper course is for the meeting to be held and adjourned (Smith v Paringa Mines). It should also be noted that the