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Bona vacantia – company struck offSuppose you are buying land from a company, but then discover that the company has been struck off. What do you do? The answer is that the company needs to be restored to the ... |
Children – child maintenanceThe CMEC has assumed responsibility for the CSA although its powers are not yet fully operational. But practitioners should note that new child maintenance clients will continue to be dealt with by the CSA ... |
Procedure – sentencing proposals not bindingWithout definitive guidance from the Sentencing Council, proposals of the Sentencing Advisory Panel were not yet binding on sentencers. In a recent appeal, two appellants (A) unsuccessfully appealed their prison sentences for being knowingly involved ... |
Non-contentious – remuneration certificateThere was relatively little publicity given to the sudden abolition of remuneration certificates last August. Indeed, many firms have yet to change their standard documentation to reflect the fact the remuneration certificate procedure no ... |
Lease extension – assignment?Long lessees have the right to claim an extended lease under Leasehold Reform, Housing and Urban Development Act 1993. T must serve a notice on L, and in response L must serve a counter-notice ... |
Sentencing – taggingGreater efforts were necessary to ensure judges had the correct information to ensure credit for time spend on bail was applied in relation to electronic monitoring. In a recent case, the CA gave useful ... |
Statutory wills – capacityPractitioners should note that the Mental Capacity Act 2005 has had a big impact on the approach to statutory wills made on behalf of individuals lacking capacity. The Act requires all decisions made under ... |
Procedure – relocationThe father (F) unsuccessfully applied for permission to appeal a decision allowing the mother (M) to relocate to Slovakia with their two sons. The trial judge had also made a shared residence order relating ... |
Restrictive covenant – who benefits?For a restrictive covenant to be enforceable by a successor in title, there are two requirements: (i) the land benefiting must be identified, and (ii) the benefit must have passed to the person trying ... |
Virtual assignments – validThe CA has upheld the validity of virtual assignments. In its view, a virtual assignment will not be in breach of a covenant that says T is not to:
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