A company voluntary arrangement (CVA) is an insolvency process that allows a company to enter into a contractual agreement with creditors to settle its unsecured debts or come to an arrangement with them over its affairs. The company's directors continue to operate the business, and have authority to cause it to enter into future contracts, subject to the supervision of an insolvency practitioner. The supervisor is not a necessary party to the lease, but it

There are various statutory enabling powers that allow a public body to acquire land compulsorily, with the approval of a minister. Such powers should only be used where there is a compelling case in the public interest and is intended as a last resort to enable a project to be implemented. Section 226 of the Town and Country Planning Act 1990 (TCPA 1990) allows a local authority to acquire land compulsorily for development and other purposes set out in TCPA 1990, s 246(1). The latter section is widely expressed and allows the assembly

Section 77 of the School Standards and Framework Act 1998 (SSFA 1998), as amended by the Education Act 2011, requires the consent of the Secretary of State for a disposal or change of use of playing field land, whether for another educational purpose or a non-educational purpose. The purpose of the section is to prevent disposals of playing fields, subject to various exceptions which are contained within the section. The requirement for consent in respect of a change of use applies to playing fields which are, immediately before the date when the action is taken, used by a maintained school for the purposes of the school,

This Q&A assumes that the rentcharge is not registered under the Land Registration Act 2002. A rentcharge charges the land burdened by it with a rent. There is no right for the person with the benefit of the rentcharge to the reversion of the land in default of payment, but other remedies are available (see Practice Notes: Estate rentcharges—freehold land and Rentcharges—apportionment, termination and enforcement. The latter Practice Note includes reference to the statutory procedure for redeeming a rentcharge). It is no longer possible to create a rentcharge, unless one

Trusts—points to note As set out in Green v Russell: A trust is an equitable obligation, binding a person(s) (called a trustee(s)) to deal with property over which they have control (which is called the trust property), for the benefit of persons (who are called the beneficiaries). For guidance on the classification of trusts, see Practice Note: Nature and classification of trusts—the nature and classification of trusts and Commentary: Nature of a trust: Tolley’s Administration of Trusts [A1.1]. The trustees must ensure that all decisions they make are in accordance with their duties as trustees.

Section 14A of the Children Act 1989 (ChA 1989) provides that the court may make a special guardianship order (SGO): • as a result of a free-standing application by an applicant who is entitled to apply or an applicant who has obtained permission from the court to apply • with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if: ◦ an application for the order has been made by an applicant entitled to apply as of right or an applicant who has obtained permission to apply, or ◦ the

When a parent is considering changing a child’s surname, they should consult with any other person who holds parental responsibility, regardless of whether a child arrangements order is in place or whether the other parent has any contact with the child. If there is any dispute about the proposed change in surname, the matter should be referred to the court for determination. ‘No disputed registration or change should be made unilaterally’ (Dawson v Wearmouth). If there is a child arrangements order in place, a freestanding application should be made under section 13 of the Children Act 1989 (ChA 1989). If there is no child arrangements

Registration of estates and interests The estates and interests, the title to which is capable of being registered, are set out in section 2 of the Land Registration Act 2002 as follows: ‘…(a) unregistered legal estates which are interests of any of the following kinds: (i) an estate in land, (ii) a rentcharge, (iii) a franchise, (iv) a profit a prendre in gross, and (v) any other interest

Adverse possession (often colloquially referred to as ‘squatters’ rights’) was until the statutory amendments which came into force in 2003, a common law doctrine that enabled a person who had been in factual possession of land owned by another: • for a specified period of time (12 years) • with an intention to possess (often deduced from the acts making up factual possession) • without the consent of the owner to be

This Q&A assumes that the advance payment referred to was made under section 52 of the Land Compensation Act 1973 (LCA 1973), which provides that where an acquiring authority has taken possession of any land, it must, if requested by a person entitled to the compensation, make an advance payment on account of the compensation payable by it in respect of the compulsory acquisition. LCA 1973, s 52(8A) provides that the particulars of any advance

Where a local planning authority (LPA) seeks to secure obligations to make a proposed development acceptable in planning terms (where these obligations cannot be secured by planning conditions), the usual approach is through an agreement or undertaking pursuant to section 106 of the Town and Country Planning Act 1990 (TCPA 1990). Further information regarding section 106 obligations and the types of obligations which can be secured can be found in Practice Note: Planning obligations—key points. Section 106 obligations may, however, not be an option where the LPA owns the land to which the planning application relates, as the LPA as landowner, cannot covenant with itself as LPA. This is the case notwithstanding that two separate statutory functions are being exercised, because the LPA could not enforce

The Neighbourhood Planning (General) Regulations 2012, SI 2012/637, regs 14–20 set out the procedural requirements for modifying an existing neighbourhood development plan (NDP). This streamlined procedure applies where proposed modification(s) to an NDP which is already in force would