In answering this Q&A we have limited our research to cover a Law of Property Act (LPA) receiver appointed over property in England and Wales. The law does not prescribe the criteria for who may accept an appointment as an LPA receiver other than in Insolvency Act, ss 30–31 (IA 1986) which provides that the following may not be appointed as a receiver: • a body corporate • an undischarged bankrupt • an individual who is subject to a moratorium period under a debt relief order • an individual who is subject to bankruptcy restrictions

Does an academy have the authority to grant a charge? The authority and powers of an academy in relation to the land where the academy is situated will depend on how the Secretary of State handles the matter in the funding agreement applicable to the particular academy or free school. Most academies and free schools have accepted the standard wording in the Department for Education (DfE)’s model funding agreement. The model funding agreement for academies and free schools is updated very frequently, but every successive version has provisions that cater for various sets of the circumstances

The general rule on costs in respect of compulsory purchase order (CPO) matters, set out in the Planning Practice Guidance (PPG) (see Paragraph: 057 Reference ID: 16-057-20140306), is that where objectors are defending their rights, or protecting their interests, which are the subject of a CPO, they may have costs awarded in their favour if the CPO does not proceed or is not confirmed. However, the PPG (see Paragraph 060 Reference ID: 16-060-20140306) also confirms that an award of costs can be made

As explained in Practice Note: Introduction to the EU GDPR and UK GDPR, the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) came into force on 24 May 2016, and became directly applicable and enforceable in all EU Member States from 25 May 2018. In the UK, the Data Protection Act 2018 (DPA 2018), which received Royal Assent on 23 May 2018, made a number of detailed provisions relating to how the GDPR applies in the UK, including the creation of certain offences and enforcement powers of the Information Commissioner’s Office (ICO). For more information, see Practice Notes: The Data Protection Act 2018 and Offences under the Data Protection Act 2018. Among other things, DPA 2018 generally repealed the preceding Data Protection Act 1998 (DPA 1998), increased the maximum level of fines in the UK so that they are consistent with the GDPR and introduced new powers and offences in relation to data protection, while replicating

Does the erection of the fence give rise to a claim in private nuisance? A private nuisance is an interference with the use or enjoyment of land that causes injury in relation to an ownership right in that land. An individual’s conduct only becomes a nuisance when their acts are not confined to their own land and extend to their neighbour’s land. To determine accountability for an alleged nuisance the court will look at: • the nature of the defendant’s interference (intentional, negligent or reckless for instance) • the extent of the interference (it must be substantial) and • the reasonableness of the defendant’s conduct See

A person has a disability, under section 6(1) of the Equality Act 2010 (EqA 2010), if the person has: • physical or mental impairment, and • that impairment has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities Special provisions apply in respect of people who used to have

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Procedurally, a company in liquidation can bring an application to enforce an adjudication award; however, the courts have been cautious in allowing enforcement of an order by insolvent companies. The position will turn on the factual situation and whether there are any cross and counterclaims, which may reduce or extinguish the existing adjudication award. If a claimant in liquidation would be unable to repay sums paid, if the decision was reversed on final determination of the dispute, then the adjudicator's decision will not be enforced due to the operation of rule 4.90 of the Insolvency Rules 1986, SI 1986/1925 (IR 1986). Procedure The current procedure to enforce an adjudication award is set out in section 9 of the Technology

We have assumed that: • the administrator has been appointed over company B • an associated company of B, company A, is a creditor of B and the administrator intends to make a distribution to creditors, including creditor A An administrator acts as agent of the company over which they were appointed. Administrators have the power to make distributions to creditors, including unsecured creditors, with the court's permission (see paragraph 65(3)(b) of Schedule B1 to the Insolvency Act 1986 (IA 1986)). For further information, see Practice Note: Role, powers, functions and duties of an administrator. It is not clear from the information provided whether company

Powers of an administrator The administrator's powers are the same no matter how they are appointed. They are very wide as an administrator may do anything necessary or expedient for the management of the affairs, business and property of the company. Therefore, while there are specific powers set out under the Insolvency Act 1986 (IA 1986), these are not exhaustive in light of the administrator's overall duty. As well as the powers granted under IA 1986, Sch B1, an administrator can exercise all powers set out in IA 1986, Sch 1 which are given to administrative receivers to enable them to achieve the purpose of the administration. These are very wide and include doing anything necessary to carry on the business of the company and to realise company property, which can include applying to the court for direction on the performance of their duties. This is limited in practice, as administrators are

Under section 39 of the Adoption Act 1976 and subsequently section 67 of the Adoption and Children Act 2002 for adoptions after 30 December 2005, following adoption, an adopted child is to be treated as a child of their adoptive parent and is not to be regarded as a child of any other

Section 49(4) of the Adoption and Children Act 2002 (ACA 2002) provides that: ‘An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application.’ However, ACA 2002, s 49(5) provides in addition that: ‘References in this Act to a child, in connection with any proceedings (whether or not concluded) for adoption, (such as “child to be adopted” or “adopted child”) include a person who has attained the age of 18 years before the proceedings are concluded.’ In Mrs X and another v A local authority and another, the court was concerned with an application to adopt where the application was made a day before the child’s

An adoption order is an order which has the effect of severing all legal ties with the child’s biological family and creates a new legal relationship with the adoptive family. Such an order is one of the most powerful and potentially draconian orders that the courts can make, and therefore significant checks and safeguards are put in place before such an order is made. See Practice Note: Adoption orders—eligibility and pre-application requirements. It is possible for an order to be made revoking an adoption order, under the inherent jurisdiction of the High Court, however the few cases that have considered such applications have made it clear that an order revoking an adoption will only be made in exceptional circumstances (see, for example Bodey J in Re W (a child) (revocation of adoption: inherent jurisdiction)). However