The relevant statutory provisions containing relating to the use of the single justice procedure are contained in section 16A of the Magistrates' Courts Act 1980 (MCA 1980), section 29 of the Criminal Justice Act 2003 (CJA 2003), the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, Pt 7 and CrimPR 2020, SI 2020/759, r 24.9. Where the single justice procedure applies, a single justice can try the case on the basis of written material only, in the parties’ absence and without a hearing. The aim of the single justice procedure is to more efficiently

When a company is voluntarily wound up, it will either go into a creditors' voluntary liquidation (CVL) or a members' voluntary liquidation (MVL)—the difference being that a CVL is an insolvent winding-up, whereas a MVL is a solvent winding-up. In order for a company to go into a MVL, the directors must swear a statutory demand of solvency. Our Practice Note: What is a statutory declaration of solvency and what happens if a false declaration of solvency is made? explains that, before the members can vote on a resolution for the company to go into a MVL: 'the directors of a company must assess whether that company can pay its debts within no more than 12 months. If the company can do this, they can put the company into members’ voluntary liquidation. If it cannot, they must put it into creditors’ voluntary liquidation'. Our Practice Note goes on to state that: 'The way that the directors state that the company can

Regular and reserve service personnel (or as the case may be, their family) who have suffered injury, ill health or death caused by service on or after 6 April 2005 may be able to claim under the Armed Forces and Reserve Forces Compensation Scheme. There is no requirement to establish fault and the fact that injury arose from combat is no bar. There are two types of award available: lump sum payment or guaranteed income payments. For lump sum payments, there is a table of tariffs,

An adopted highway is a highway maintainable at public expense, meaning that its repair is the responsibility of the local highways authority. A highway gives the public at large a right to pass and repass but the fact that a highway exists or is maintainable at public expense does not mean that the ownership of the land (other than the top spit) is vested in the highways authority. It is often the case that the underlying land is privately owned. Section 30 of the Highways Act 1980 (HiA 1980) allows for an agreement to be reached between the council of a parish or community

This Q&A addresses a scenario where only the schedule is novated and the rest of the original agreement is not novated (and remains an agreement between the original parties). The essence of a novation is that it is a fresh agreement between the parties to the original agreement (A and B) and a third party (C) that C will replace one of the original parties (eg B) so that the agreement is now between A and C, with the result that B is completely

The limitation periods set out in the Limitation Act 1980 may be amended by agreement between the parties. For example, many construction contracts are amended to state that no action or proceedings may be commenced following the expiry of six or 12 years from practical

An order for sale under section 24A of the Matrimonial Causes Act 1973, can only be made as an adjunct to inter alia a lump sum order or a property adjustment order. Such an order for sale is within the range of orders capable of variation. However, the power to vary relates to the order for sale and not to the underlying property adjustment order. Therefore, the variation of

In this Q&A we assume that: • both the tenant and the landlord will fall within the definition of ‘owner’ under section 20 of the Party Wall etc Act 1996 (PWA 1996) • the relevant works may impact on a party wall, fence of structure within the definition of PWA 1996 (see Practice Note: Party Wall works—notices, disputes and awards) It does not appear that PWA 1996 contains any provision preventing parties from contracting out of it.

Insolvency set-off operates automatically and is mandatory. This means that insolvency set-off cannot be contracted out of by the parties involved,

Special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and their clients. This is on the basis that there exists, at the center of that relationship, an obligation of confidence which the legal adviser owes their client, either in respect of confidential communications passed between them, or in relation to documents which may later form part of that party’s ‘brief’ in adversarial litigation. This special protection, enabling a client to retain confidentiality in relation to certain communications, tends to be known as ‘legal professional privilege’ (LPP) and is a central principle for the administration of justice. LPP is an umbrella term which encompasses legal advice privilege and litigation privilege. It is a core principle

IP analysis: This case (a procedural ruling made by a recorder sitting as a High Court judge) is the latest in a series of reported decisions made in a complex patent lawsuit instituted in the English High Court of Justice in 2020 by Lufthansa Technik AG (‘Lufthansa Technik’), a maintenance and repair subsidiary of the German airline. Having won at the liability trial and having elected an account of profits, the claimant now sought to rely on additional ways of putting its infringement case that had not been decided at trial. This was contested by the defendants, who argued that the claimant should be held to those acts of infringement on which it had succeeded at trial; but, save for certain specific issues that the trial judge’s order had excluded, the court ruled in the claimant’s favour. Written by Dr Jonathan Cornthwaite, consultant at Wedlake Bell LLP, London.

For information on what inheritance tax (IHT) exemptions and reliefs are available on lifetime gifts and transfers on death, see Practice Note: IHT exemptions and reliefs on death and lifetime gifts. For further guidance on IHT exemptions and reliefs generally, see Practice Notes: • IHT—the charge on death