Whether an un-adopted road or common area would be classed as a highway or not will depend on the specific facts and circumstances of each individual case. Definition and creation of a highway The fundamental public right in relation to a highway is for individual members of the public to pass and re-pass along its length. In Kotegoankar v Secretary of State for the Environment, Food and Rural Affairs, it was held that the Highways Act 1980 (HiA 1980), or any other Act, does not provide a definition for a 'highway' other than it includes 'the whole or part of the highway' and that the definition of a highway is determined by the nature of those who use the way, ie they must have a right, practically enforceable, to do so. As such, the QBD Administrative Court held 'for the definition of 'highway', recourse must be had to the common

While the general common law principle is that when a lease comes to an end any underlease automatically terminates, statute has intervened in various scenarios. For example, by virtue of the Law of Property Act 1925, s 139, if a headlease is surrendered, the superior landlord effectively steps into the shoes of the former tenant and becomes the undertenant’s landlord. See Effect of surrender contained in Hill and Redman's

An unincorporated association: • is an organisation formed when two or more persons (the members) carry on activities together for a common purpose • does not operate for the purpose of generating profit (in fact, if two or more persons carry on business for the purpose of making a profit, a partnership will be established and partnership law will apply) • is not a separate legal entity from its members and officers, which means that the officers and members are

Presuming that the partner in question is not in a civil partnership with the sponsor, they cannot succeed under the Rules by virtue of their relationship alone because they do not meet the definition of ‘partner’ in Immigration Rules, Appendix FM, GEN.1.2. It would moreover be very difficult to succeed under the partner route. This is because even if the exceptional circumstances in EX1 are met it would still be necessary to meet the requirements of E-LTRPT.2.3. Therefore, since it is clear

Parental responsibility (PR) is defined in section 3(1) of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. ChA 1989, s 2 sets out the circumstances in which parents have PR. The mother of the child always has PR. ChA 1989, s 4 deals with acquisition of PR. The father of a child will acquire PR either by virtue of being married to the mother at the time of birth (ChA 1989, s 2(1)); by his registration as the child’s father (ChA 1989, s 4(1)(a)); or by a parental responsibility agreement (ChA 1989, s 4(1)(b)). Finally, the father shall acquire PR if the court on his application orders that he should

This Q&A covers the situation where the trade mark licence under consideration is in writing. Background Trade marks can be directly exploited by the trade mark owner (ie by self-use) but a trade mark owner can also generate income by transferring rights in the mark to other parties by various methods including licensing. A licence is the transfer by the holder of the trade mark of any of the rights in the mark to another, short of an assignment of all rights. The licensor retains ownership of the trade mark and allows the licensee to engage in acts which would constitute infringement were it not for the licence

This question raises the issue of whether the benefit of tenant covenants passes on completion of an assignment of the reversion, or on the later registration of that assignment. If the lease is a ‘new’ lease for the purposes of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), the benefit of tenant covenants passes immediately on assignment. This is defined in LT(C)A 1995,

A party wishing to file a claim for their debt in an administration must submit a written claim to the administrator. The document by which they seek to establish their claim is called their proof of debt. A creditor who claims is referred to as ‘proving’ for their debt, and the document by which they seek to establish their claim is called their proof. The rules applicable to proving a debt under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 are found in IR 2016, SI 2016/1024, rr 14.2–14.25 regardless of whether the insolvency proceeding in which the proof is made is an administration, winding up or bankruptcy proceeding. See Practice Note: Proof of debt. Each creditor will need to provide specific information under IR 2016, SI 2016/1024, r 14.4, which, among others, includes the particulars of how and when the debt

An interest-free loan which is repayable at the end of a defined period of time is a disposition which reduces the value of the lender's estate by the difference between the initial sum lent loan and the discounted value of the repayment sum. The loan would therefore be a transfer of value. An interest-free

The registration regime for charges under Chapter A1 of Part 25 of the Companies Act 2006 applies where the company creates

A testator may attach conditions to the gifts in their Will. However, the conditions may be void, fail to take effect, or the donee may be excused from the performance of the conditions in certain circumstances. A condition may be void: • by being against public policy; • by being either repugnant to the interest given to the beneficiary or repugnant to or inconsistent with other gifts in or provisions of the Will; • by being too uncertain to be enforced; • because

Section 32(1) of the Matrimonial Causes Act 1973 (MCA 1973) provides that: ‘A person shall not be entitled to enforce through the High Court or [the family court] the payment of any arrears due under an order for maintenance pending suit, an interim order for maintenance or any financial provision order without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.’ MCA 1973, s 32(1) is not limited to provision for a spouse. The court has a general discretion