For the purposes of this Q&A it is assumed that you are representing an authority with power to serve a notice on the occupier of land under s 59 of the Environmental Protection Act 1990 (EPA 1990) to remove controlled waste or extractive waste deposited in or on land contrary to EPA 1990, s 33. There is a defence of the ‘innocent occupier’ under EPA 1990, s 59(3) but otherwise the section carries with it strict liability. Under section 285 of the Insolvency Act 1986 (IA 1986), a bankrupt’s estate is protected from certain proceedings and remedies. IA 1986, s 285(3) states that after the making of a bankruptcy

The first question raises the issue of whether a Mesher order may be applied to circumstances where the former matrimonial home is registered in the sole name of only one of the spouses. The question is posed in the context of the Mesher order being made under a consent order. Such an order can be made by way of a consent order and Critchell v Critchell is an example of this. The order arises from the case of Mesher v Mesher. Where the marital home is owned in joint names, a precedent clause is at clause 58 of the precedent: Standard order 2.1—financial remedy order. While

Pension sharing orders are within the categories of financial relief in respect of which an application may be made for an avoidance of disposition order (section 37 of the Matrimonial Causes Act 1973 (MCA 1973) as amended by paragraph 9, Schedule 3 to the Welfare Reform and Pensions Act 1999, which inserted reference to MCA 1973, s 24B). Examples of when such an order might be required might include the prevention of a transfer of a pension arrangement into a pension arrangement which is already subject to a prior pension attachment order (so as to prevent pension sharing) or into a pension arrangement in a foreign jurisdiction, against which a pension sharing order could not be made by a court in England and Wales. Another important instance of when an avoidance of disposition order might be required is where the person with pension rights is about

The Administration of Justice Act 1920 (AJA 1920) makes provision for the registration and thereafter enforcement within the United Kingdom of judgments obtained in a superior court of any part of the Commonwealth. The Foreign Judgments (Reciprocal Enforcement) Act 1933 extends the registration system to foreign countries generally. Procedurally, such registration and enforcement is dealt with by CPR 74.1. Pursuant to CPR 74.2(1)(c), 'judgment' means any judgment given by a foreign court or tribunal, whatever it may be called, including an order. However, AJA 1920, s 12(1) makes clear that the expression 'judgment' for the purposes of AJA 1920 means 'any judgment or order given or made by a court in any civil proceedings, whether before or after the

It is ordinarily the case in family proceedings (save for certain excluded types of application) that each party bears their own costs. While the court does have the power to depart from that general position, this will occur only rarely, usually where there has been some behaviour by the other party that warrants a costs order being made, for example, at an early stage of financial remedy proceedings if one party has failed to file their Form E and the first appointment is adjourned on the day of the hearing as a result. The normal remedy to challenge such an order once made is to appeal it, but an appeal is likely to be unsuccessful given the discretion afforded to the court to make costs orders. See Practice Note: Costs in family proceedings This Q&A appears to relate to the costs of the divorce proceedings themselves (ie the procedural steps required

Stopping-up One of the most frequently used powers to stop up a highway is in section 116 of the Highways Act 1980 (HiA 1980). Under HiA 1980, s 116, the highway authority may apply to a magistrates’ court for a stopping-up order. The only ground for

The general statutory framework surrounding the confidentiality of court documents in children's proceedings can largely be outlined as follows: Section 97(2) of the Children Act 1989 (ChA 1989) provides: 'No person shall publish [to the public at large or any section of the public] any material which is intended, or likely, to identify— (a) any child as being involved in any proceedings before [the High Court] [or the Family Court] in which any power under this Act [or the Adoption and Children Act 2002] may be exercised by the court with respect to that or any other child; or (b) an address or school as being that of a child involved in any such proceedings.' The prohibition under ChA 1989, s 97 comes to an end once proceedings conclude. In addition, section 12 of the Administration of Justice Act

We are not aware of any authority which indicates that a power of attorney can have retrospective effect. However, acts of the attorney which pre-date the power may still be valid, or capable of being rendered valid, under the general principles of the law of agency. Powers of attorney are a form of agency whose main function is to confirm to a third party the scope of the attorney’s power. Whether

The invasion of airspace over land, such as by an overhanging sign, is a trespass. See: • Kelsen v Imperial Tobacco Co (Of Great Britain and Ireland) Ltd • Practice Note: Trespass—claims and defences • Commentary: Trespass: Halsbury's Laws of England [406] The right to discharge water through an artificial watercourse is capable of being an easement, acquired by grant or by prescription. See Commentary: Easement in artificial watercourse:

The Companies Act 2006 defines an ‘overseas company’ as any company incorporated outside the UK. An overseas company has to be registered at Companies House if it opens an ‘establishment’ in the UK. An establishment is: • a branch within the meaning of the Eleventh Company Law Directive, Directive 89/666/EEC, or • a place of business that is not such a branch For further information on the definition of ‘branch’, see Q&A:What is meant by an overseas company having an establishment or a branch within the UK? and Practice Note: Overseas companies with an establishment in the UK. The assumption

The Secretary of State’s visit visa published guidance makes clear that visitors cannot receive payment from a UK source, except in specific circumstances: ‘Visitors may only receive payment from a UK source in specific circumstances as set out at V 4.6 of Appendix V: Visitor [of the Immigration Rules]. This must not equate to a salary. Where this is the case, you must refuse the application.’ The circumstances referred to above, found at paragraph V.4.6 of Immigration Rules, Appendix V: Visitor are as follows: ‘…V 4.6. The Visitor must not receive payment from a UK source for any activities undertaken in the UK, except for the following: (a) reasonable expenses to cover the cost of their travel and subsistence, including fees for directors attending board-level meetings; or (c) prize money; or (b)

A power of attorney is a document that is entered into as a deed under which one party (known as the donor) grants to the other party (known as the donee or attorney) the power to act on behalf of, and in the name of, the donor. Whether a corporation can grant a power of attorney will depend on its constitution or governing document. A company incorporated under the Companies Act 2006 (CA 2006) will usually have an express power in its articles of association enabling it to appoint an attorney under a power of attorney. The instrument appointing the attorney must be executed as a deed; see Precedent: Power of attorney for commercial transactions. A commercial entity, such as a company or a limited liability partnership, is capable of acting as an attorney, provided the commercial entity is not restricted under its governing document from acting in such a role. For more information, see Practice Note: Powers of attorney in commercial