There are a number of permutations that could apply to this question, such as whether the property is in the sole name of the bankrupt, or in joint names with another and, if the latter, whether the charge is over the legal interest or just over the bankrupt's equitable share (such as by way of charging order). Further, whether the charge holder is an individual or a corporate entity. But in terms of whether a trustee in bankruptcy can realise charged property without the consent of the charge holder(s), Schedule 5 to the Insolvency

Under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), a tenant who holds a long lease of flat has a statutory right (subject to statutory qualifying criteria) to buy a 90-year extension of the lease, by way of being granted a new lease. The qualifying criteria are set out in LRHUDA 1993, s 39 and are generally that: • the tenant has owned the leasehold interest in the flat for a continuous period of at least two years before service of the notice requesting an extended lease (see Wellcome Trust v Baulackey), and • the flat is held on a long lease Residence in the relevant flat is no longer a pre-condition to the right to an extended lease, following amendments made by the Commonhold and Leasehold Reform Act 2002. For further

For the purposes of this response, it has been assumed that the property subject to the mortgage is owned by a person who is not a beneficiary of the trust. A trustee of a trust is generally required to act in the best interests of the beneficiaries and in accordance with the terms of the trust instrument and applicable law. Under the Trustee Act 2000, trustees have powers to invest in land or make loans secured by way of a mortgage, provided these actions comply with the statutory duty of care and are for legitimate purposes, such as investment or occupation by a beneficiary with a current interest in

When the composition of a partnership changes by the death of a partner, section 33 of the Partnership Act 1890 provides that the partnership in existence immediately before the change is dissolved. However, most partnership agreements allow for the partnership to continue the business despite that change in composition, and it will not be necessary to wind up its affairs as long as there

We refer to Q&A: Can a two-partner general partnership continue after the death of a partner if the partnership agreement provides for the deceased partner’s interest to automatically vest in another party to the partnership agreement? which sets out details on the more usual method of ensuring the continuation of a partnership following the death of one of its partners which results in it having only one remaining partner. In such a case, the partnership agreement can provide that a new partnership is formed between the remaining partner and a specified third party and give the parties the power to acquire the assets of the dissolved partnership on whatever terms are agreed. Links to precedents are provided in the above mentioned Q&A. Section 33 of the Partnership

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other spouse is entitled to register home rights, provided that the property has been the matrimonial home. Those home rights may be protected, in the case of a property held in the sole name of one spouse only, by way of a notice being registered with the Land Registry. If the title to the property is registered, then the application for the home rights notice should be made using Form HR1—Application for registration of a notice of home rights. If the property is unregistered, an application may be made to the Land Charges Department for the registration of a Class F land charge. A spouse may only protect their interest in one property at a time by way of a home rights notice. They should also be aware

There are strict requirements when making a Part 36 offer which, if not complied with, will invalidate the offer's effect as a Part 36 offer. Those requirements include that the offer cannot prescribe a position in relation to the liability for costs which is not consistent with or seeks to vary the costs provisions of CPR 36 itself.

A lasting power of attorney (LPA) granted by virtue of the Mental Capacity Act 2005 (MCA 2005) is a deed in which a donor who is habitually resident in England and Wales authorises another person to act on their behalf in relation to either their property and financial affairs or their health and welfare. It is a power of representation which in Spain is referred to as a private mandate. It is important that an LPA, wherever

There are a number of public rights of way available within England and Wales, all of which may have slightly different rules and restrictions, these include: • public footpaths are open only to walkers • public bridleways are open to walkers, horse-riders and pedal cyclists • restricted byways are open to walkers, horse-riders, and drivers/riders of non-motorised vehicles (such as horse-drawn carriages and pedal cycles) • byways open to all traffic (BOATs) are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads It is an offence, pursuant to section 34 of the Road Traffic Act 1988 (RTA 1988) to drive a mechanically propelled vehicle onto or upon any road being a footpath, bridleway or restricted byway, without lawful authority.

As defined in section 329 of the Highways Act 1980 (HiA 1980), a 'cycle track' is a way which constitutes or comprises a highway, which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles) with or without a right of way on foot. Cycle tracks can be created either from scratch or by the conversion of footpaths and footways. See Practice Note: Legal procedures for creating cycle tracks. The Road Traffic Act 1988 and specific statutory exceptions Pursuant to section 21(1) of the Road Traffic Act 1988 (RTA 1988), it is an offence to drive or park a mechanically propelled vehicle wholly or partly on a cycle track without lawful authority. There are three statutory exceptions which may give an individual lawful authority to do so: • that the vehicle was driven or parked on the cycle path for the purpose of saving life, or extinguishing fire or meeting any other like emergency

This Q&A assumes that: • A introduced B to C • B and C entered into an agreement where C pays B a monthly payment. A is not a party to the agreement between B and C • A takes a commission from the monies C pays to B by invoicing B. C does not send any monies to A • B would like to terminate the arrangement with A. The parties did not orally agree any termination provisions A verbal contract is a contractual agreement entered into between parties who intend to create legal relations, where one party accepts the offer of the other party, and consideration passes between them. Such contracts are valid in English law, though the lack of extrinsic evidence as to the agreed terms can lead to significant difficulties, and it may be that as a result of the nature of the contract, relevant terms, such as in respect

For further information about managing a workplace disciplinary process and conducting a disciplinary hearing, see, generally, Practice Notes: • Dismissing fairly for conduct reasons • How to conduct a disciplinary investigation • How to plan and prepare for a disciplinary hearing • How to conduct a disciplinary hearing In considering whether video evidence submitted by a third party can be used by an employer in a disciplinary hearing, relevant principles extrapolated from these Practice Notes, read together with the Acas Code of Practice on disciplinary and grievance procedures, include: • when dealing with a disciplinary issue, a key component of fairness is that an employer carries out any necessary investigation to establish the facts of the case. In the course of an investigation,