STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. The answer to this Q&A will depend on other alternative methods by which to recover the sums due (for example, a claim commenced under CPR Part 7). Section 267(2) of the Insolvency Act 1986 sets out the conditions that need to be met in order for a bankruptcy petition to be presented at court: • the debt must exceed £5,000 • the debt must be for a liquidated sum, be unsecured, and due imminently or at some certain future

Section 11 of the Companies Act 2006 (CA 2006) requires that upon the formation of a company limited by guarantee, a statement of the guarantee must be delivered to the Registrar. The statement must identify the subscribers to the memorandum of association. It must also state that each member undertakes that, if the company is wound up while he or she is a member, or within one year after he or she ceases to be a member, he or she will contribute to the assets of the company an amount as may be required for (a) payment of the debts and liabilities of the company contracted before he or she ceases to be a member, (b) payment of the costs, charges and expenses of winding up, and (c) adjustment of the rights of the contributories among themselves, not exceeding a specified amount (which is usually a

First, a private nuisance may be and usually is caused by a person doing, on their own land, something which they are lawfully entitled to do. Their conduct only becomes a nuisance when the consequences of their act are not confined to their own land but extend to the land of their neighbour. This can occur either by encroachment, physical damage to that land, or, interference with the neighbour’s enjoyment. However, it is well recognised now that omissions, as well as acts, or activities, can found a nuisance. Today, a landowner owes a measured duty in both negligence and nuisance (ie the duty in Leakey v National Trust) to take reasonable steps to prevent natural occurrences on their land from causing damage to neighbouring properties. Further, in determining

We have assumed that: • the uncapacitous adult’s (hereinafter ‘donor’) needs have been or are being met by a local authority under sections 18–20 of the Care Act 2014 (CA 2014) • the donor was assessed as having to contribute towards their care • the attorney knew or should have known that assessed charges were due • the local authority is in England (Wales is very likely the same but they have promulgated some of their own regulations) • the attorney has appropriated the assets for themselves and has not passed them to a third party • the donor has no further funds to pay for their care at the same rate or level as they could before the transfer CA 2014, s 70 provides a mechanism whereby the liability for contribution towards the assessed costs of a person’s care can be passed from the care recipient to the

The powers of a deputy Under section 19(8) of the Mental Capacity Act 2005 (MCA 2005) the Court of Protection (COP) may confer on a deputy power to: • take possession or control of all or any specified part of P’s property • exercise all or any specified powers in respect of it, including such powers of investment as the court may determine In exercising these powers, a deputy is to be treated as P’s agent in relation to anything done or decided by him within the scope his appointment and in accordance with MCA 2005. The deputy may therefore be authorised to deal with all of P’s property and financial affairs, such as opening, closing or operating any bank, building society or other accounts, paying bills and receiving benefits, pensions and other payments on behalf

The requirements for those applying to extend leave as the representative of an overseas business are contained in Immigration Rules, Part 5, para 147. Extracts of that rule relevant to this Q&A are as follows: ‘…147. The requirements for an extension of stay as a representative of an overseas business are that the applicant: … (ii) the person was admitted in accordance with paragraph 144(ii)(a) and can show: (a) that the overseas business still has its headquarters and principal place of business outside the United Kingdom; and (b) that he is employed full time as a representative of that overseas business and has established and is in charge of its registered branch or wholly owned

Hackney carriages are licensable under the Town Police Clauses Act 1847 (TPCA 1847) and the Local Government (Miscellaneous provisions) Act 1976 (LG(MP)A 1976). TPCA 1847, s 40 provides: ‘Persons applying for a licence to sign a requisition for the same. Before any such licence is granted a requisition for the same, in such form as the commissioners may from time to time provide for that purpose, shall be made and signed by the proprietor or one of the proprietors of the hackney carriage in respect of which such licence is applied for; and in every such requisition shall be truly stated the name and surname and place of abode of the person applying for such licence, and for every proprietor or part proprietor of such carriage, or person concerned, either solely or in partnership with any other person, in the keeping, employing, or letting to hire of such carriage; and

All British citizens, and some Commonwealth citizens, have the right of abode in the UK. The concept of right of abode is defined under section 2 of the Immigration Act 1971. Those who have the right of abode in the UK are not subject to immigration control and, subject to limited exceptions, are free to come and go from the UK, provided

The Protection from Eviction Act 1977 (PEA 1977) provides that a person will be guilty of an offence if he unlawfully deprives or attempts to deprive a residential occupier of their right to occupy premises or part of the premises. A residential occupier is defined in PEA 1977, s 1 as 'a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises'. PEA 1977 provides that where premises are let as a dwelling on a

Practice Note: Choosing the deputy, explains who may make an application for the appointment of a deputy, who may be appointed and the factors the court will take into consideration when assessing a deputyship application. The Mental Capacity Act 2005 (MCA 2005) does not contain any express restriction on appointing a deputy with a criminal record, although MCA 2005, s 16(3) makes it clear that the court's power to appoint a deputy to make decisions on behalf of P is subject to MCA 2005, s 1 (the Principles)

Such an individual will have the right to rent. They are a person with a time limited right to rent, so need to evidence this appropriately. Sufficient documents supporting a right to rent

The right not to be unfairly dismissed is a purely statutory right arising under section 94 of the Employment Rights Act 1996 (ERA 1996). While conduct and performance are potentially fair reasons for dismissal, the dismissal may be found to have been unfair if the employer has failed to follow a fair procedure. An appeal hearing is considered to be a necessary element of a fair procedure for the purposes of an unfair dismissal claim, but there is no stand-alone statutory right to one. In order to claim unfair dismissal, an employee will first have to establish that they have a right not to be unfairly dismissed. There are a number of qualifying conditions and exceptions, one of which is that