‘Money Claim Online’ is a scheme set out in the Civil Procedure Rules 1998 (CPR), specifically CPR PD 7E, which supplements CPR 7 (How to start proceedings—the claim form). CPR PD 7E, para 1.2 states that ‘This practice direction enables claimants…to start certain types of County Court claims by requesting the issue of a claim form electronically via Her Majesty’s Courts and Tribunals Service website’ (emphasis added). CPR 2.1(1) states that the CPR apply to all proceedings in: • the County Court • the High Court, and • the

Many leases allow the landlord to recover from the tenant monies expended towards the maintenance and upkeep of the property and any common areas by way of a service charge. Different leases will make different provisions as to how service charges are recovered, when they are payable, and for what they can be charged. There are various statutory provisions that apply to residential service charges. These include the provisions of section 20B of the Landlord and Tenant Act 1985 (LTA 1985), which state that a leaseholder is not liable to pay a service charge unless a demand for payment has been sent in accordance

Standard Visitor Visa Route Permitted activities for all visitors to the UK are found in Immigration Rules, Appendix V. Although most visitors come to the UK for tourism and leisure, other motives for travel such as business, legal, religious and creative reasons, are nevertheless permitted under the standard visit visa route. Immigration Rules, Appendix V, Appendix 3, paras 16–18 consider the permitted activities for creative visitors. It states that artists, entertainers and musicians may: • give performances as an individual or as part of a group • take part in competitions or auditions • make personal appearances and take part in promotional activities, and • take part in one or more cultural events or festivals on the list of permit free festivals in Appendix 5 (where payment is permitted) Page 26 of Home Office published guidance: Visit guidance (Version 8.0) explains how Home Office staff should define an

It is assumed that the estate assets do not include any direct or indirect interest in UK real property. Appropriation prior to grant The office of executor derives from the testator’s Will or other testamentary document. The grant of probate merely confirms the executor’s authority to act. Before probate, an executor named in the Will may do all things that pertain to the executorial office, which includes exercising a power of appropriation given in the Will or by section 41 of the Administration of Estates Act 1925. However, if the Will is to be proved by a person other than the named executor, the putative executor will not have the power of appropriation, as their authority will derive from the grant of probate, rather than the Will. For

We have assumed that the donor of the power of attorney is a company under the Companies Act 2006 (CA 2006). Documents may be executed by companies incorporated under CA 2006 either: • by or on behalf of the company (in the case of simple contracts) • by the company (in the case of deeds) Under CA 2006, any person acting under the company’s express or implied authority can enter into a simple contract on the company’s behalf. Unlike simple contracts, there is no option for a deed to be made ‘on behalf of‘ a company. To be binding on a company, a deed must be executed by the company in accordance with the provisions of CA 2006. A company can execute a deed by: • using its common seal, or • signature of its officers (two authorised signatories (every director and the company secretary are ‘authorised signatories’) or by one director in the presence of a witness A company may also appoint a person

A key duty of an attorney under a lasting power of attorney is not to allow personal interest to conflict with that of the donor, unless the conflict has been authorised by the donor in the LPA itself. A loan from the attorney to the donor and the attorney charging the donor’s property to secure the loan is prima facie a transaction in which the interests of the attorney conflict with the interests of the donor. The donors

In principle, Automatic Number Plate Recognition (ANPR) can be used for enforcement in a local authority car park but there are caveats as to use that may provide a basis for challenge. Accordingly, the answer is not straightforward and is dependent on various factors. On the assumption the question concerns regulated public on or off-street car parks, there are two distinct areas of legislation that apply: • the criminal law regime whereby enforcement is governed by the Road Traffic Regulation Act 1984 (RTRA 1984), and • the civil law regime for a civil or special enforcement area (C/SEA) whereby enforcement is governed by the Traffic Management Act 2004 (TMA 2004) and contravention is subject to the law of contract As

Introduction Good leaver and bad leaver provisions require a shareholder who is also an employee of a company to transfer their shares to another shareholder (or that the company acquire them) when they cease to be an employee. They are typically contained in a company’s articles of association and/or a shareholders’ agreement. For examples of such provisions that are used in a private equity or venture capital context, see Article 12, together with the associated Drafting Notes of Precedents: Articles of association—non-leveraged investment—single investor and Articles of association—non-leveraged investment—multiple investors. There are varying formulations of ‘bad leaver’, but they generally include any employee who has behaved in a way that justifies his summary dismissal, ie through gross misconduct under their employment or service contract. A bad leaver is typically required under the company’s articles to transfer their shares at a discounted price, which can be the lesser of the initial subscription price and the fair market value of the

The answer to this question requires looking at what constitutes a bank, and/or public, holiday and also considering the statutory position under the Working Time Regulations 1998 ('WTR 1998') and the contractual position. Bank holidays and public holidays Bank holidays in England and Wales are: • Easter Monday • the first Monday in May (proclaimed a bank holiday since 1978) • the last Monday in May • the last Monday in August • 26 December (Boxing Day), if it is not a Sunday • 27 December, if either Christmas Day or Boxing Day falls on a Sunday in that year • New Year's Day or, as appropriate, 2 January (proclaimed a bank holiday since 1974) • any other day proclaimed as bank holiday (either in place of one above, or in addition) In Scotland, the bank holidays are: • New Year's Day (or on a year in which New Year's Day falls on a Sunday, 3 January) • 2 January (or on a year in which 2 January falls on

Section 90 of the Financial Services and Markets Act 2000 (FSMA 2000) outlines the requirements for compensation for statements in listing particulars or prospectuses and FSMA 2000, s 90A establishes a statutory civil liability regime for misleading statements in periodic disclosures to the market by issuers of securities admitted to trading on EEA-regulated markets. FSMA 2000, s 90 FSMA 2000, s 90 will usually be the statutory provision most directly relevant for an aggrieved investor seeking compensation. FSMA 2000, s 90 creates civil liability for false or misleading statements in prospectuses or listing particulars. Pursuant to FSMA 2000, s 90 each person responsible for a prospectus, supplementary prospectus, listing particulars or supplementary listing particulars is liable to pay compensation to a person who has acquired securities to which the particulars apply and suffered loss in respect of them as a result of any untrue or misleading statement in the particulars

Do the beneficiaries of a Will have any power to force a professional executor appointed under the Will to step down? In short, the beneficiaries do not have power to require the executor to step down. The beneficiaries should approach the professional executor (usually a solicitor) and ask them if they would be prepared to renounce probate. The executor will then need to consider the reasons why they or their firm were appointed and whether it would be in the

See Practice Note: IHT—business property relief which contains comprehensive guidance on the circumstances and types of property on which business property relief (BPR) may be claimed. As set out in the Practice Note, BPR will only be given where the business carried on by the sole