Whether or not an application for approval of details reserved by condition can relate to land outside of the redline application site will obviously depend on the terms of the condition imposed by the local planning authority. Paragraph 006 of Planning Practice Guidance on the 'Use of planning

The rules about the service of application forms/notices and other documents in family proceedings outside of the jurisdiction of England and Wales, and the procedure for service, are contained in Chapter 4 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 (FPR 2010, SI 2010/2955, 6.40–6.48). This is supplemented by FPR 2010, PD 6B. In family proceedings, documents can be served out of the jurisdiction without the permission of the court. Where the applicant wishes to serve an application form, or other document, on a respondent outside the UK, it may be served by any method: • provided for by FPR 2010, SI 2010/2955, 6.45 (service through foreign governments, judicial authorities and British Consular authorities), or • permitted by the law of the country in which it is to be served FPR 2010, SI 2010/2955, 6.45 provides: ‘…(1)

Section 1029(2) of the Companies Act 2006 (CA 2006), specifies who can make the application on a Part 8 claim form to restore a company by way of court order. Details are set out in our Practice Note: Company restoration—restoration by court order. An extract of CA 2006, s 1029(2) is set out below: ‘(2) An application under this section may be made by— (a) the Secretary of State, (b) any former director

It is not possible to apply for a legal services payment order under Schedule 1 to the Children Act 1989 (ChA 1989). The statutory regime under section 22ZA of the Matrimonial Causes Act 1973 does not extend to applications under ChA 1989, Sch 1. Instead, the court has power to make a costs allowance by way of a periodical payments order (ChA 1989, Sch 1, para 1(2)(a)) or a lump sum order (ChA 1989, Sch 1, para 1(2)(c)), see for example BC v DE (Proceedings

Human Rights Act 1998 The Human Rights Act 1998 (HRA 1998) incorporated the articles of the European Convention of Human Rights (the Convention) into UK law, so that individuals can now rely on the Convention directly in UK courts. Our Practice Note: An introduction to the Human Rights Act 1998 sets out the human rights which HRA 1998 protects and explains how English law must now be interpreted as a result of the introduction of HRA 1998. It explains how courts can declare English legislation incompatible with the principles of the Convention and the judicial remedies which the courts have available to them. The Practice Note also touches on the future of the development of human rights law. European Convention on Human Rights Article 35 of the Convention,

The answer will depend upon whether the forfeiture was lawful. For example, if the landlord forfeited the lease for non-payment of rent, the tenant may apply to the court for relief from forfeiture. However, the tenant must pay the arrears of rent and the

An order postponing a hearing is a 'case management order' within the definition found in Rule 1(3)(a) of the Employment Tribunals Rules of Procedure (the ET Rules). Rule 29 provides that the power to postpone or adjourn a hearing may be exercised either on the application of a party or on the tribunal's own initiative. The general power to manage proceedings in Rule 29 is made subject to the operation of Rule 30A, which applies, in respect of proceedings commenced on or after 6 April 2016, where a postponement application is made: • at late notice, ie less than seven days before the start of the hearing, or • after multiple postponements ie by a party who has already been granted two or more postponements in the same proceedings For further information, see: • Practice Note: Conduct of employment tribunal hearings—general—Postponement and adjournment of hearings, including the sections dealing with ‘Applications for postponement

By section 34 of the Licensing Act 2003 (LA 2003) the holder of a premises licence may apply to the relevant licensing authority for variation of the licence. Such applications must also be advertised in accordance with LA 2003, s 17. LA 2003, s 35 provides that the relevant licensing authority must grant that application provided it is made in accordance with LA 2003, s 34 and it is satisfied that the applicant has complied with any advertising requirements. However that is subject to the receipt of relevant representations, in which case the authority must hold a hearing to consider them unless it is agreed between the authority and those making the representations that a hearing is

Section 37 of the Matrimonial Causes Act 1973 (MCA 1973) is a powerful weapon. It enables the court to restrain a proposed disposition of an asset, or to set aside a disposition of an asset. As a result, a party who seeks to, for example, transfer property to a family member with a view to it falling outside of the matrimonial pot can be thwarted by the operation of the section. The disposition must be made with the intention of defeating the claim of a spouse for financial relief, which is a high bar; however pursuant to MCA 1973, s 37(5), this intention is presumed (though the presumption

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under TCPA 1990, s 73 a local planning authority (LPA) may amend or remove conditions but may not amend any other part of the permission. TCPA 1990, s 73 cannot be used if it would change the description of the development, as set out in the planning permission itself (see Finney v Welsh Ministers

See Practice Note: Amending a planning permission, retrospective planning permission and revocation of planning permission at section: ‘Interaction between TCPA 1990, s 73 and TCPA 1990, s 73A’. In particular, note the Court of Appeal decision in Lawson Builders v SoS which contains useful guidance on the interaction between section 73 of the Town and Country Planning Act 1990 (TCPA 1990) and TCPA 1990, s 73A, in comparing the considerations which a local planning authority can take into account in determining

While an appointment of a guardian for a minor child may be made by Will, it does not have to be. See Practice Note: Contents of Wills—executors, trustees and guardians (section titled 'Guardians'). From 14 October 1991, guardians may only be appointed in accordance with section 5 of the Children Act 1989 and only individuals may be appointed as guardians. A guardian of