Application to re-register—public to private meaning

Existence and validity of trusts Provincial Equity Finance Ltd v Dines (née Breda) [2023] EWHC 103 (Ch) News Analysis: A literary epigraph—‘By prosperous voyages I often made… and the great care of goods at random left’—introduces a consideration of resulting trusts and the scope of express trusts. The decision underscores the practical obstacles in proving a resulting trust where a disorganised deceased ran bank accounts for mixed ends, and confirms that an express trust can override the presumption of a resulting trust even if the contributor of funds is not a party to the express trust. Author: Nicholas Holland, McDermott Will & Emery UK LLP Jurisdiction: England & Wales Attorney General v Zedra Fiduciary Services (UK) Ltd and others [2022] EWHC 102 (Ch) News Analysis: The court sanctioned a cy près scheme for a £600m charitable trust to be used towards reducing the National Debt, addressing the suitable application of the National Fund. The judgment considers...

This checklist outlines the steps to successfully register an enduring power of attorney (EPA). These steps include verifying that the EPA was valid when created and is still valid, assessing the donor’s mental capacity, and notifying the relevant parties of the intention to register the EPA and the application for registration. Ensuring that the enduring power of attorney was valid when created Make sure the power: is in the form prescribed by law at the time the donor executed it and, when executed by the donor, incorporated the explanatory information prescribed at that time, and that none of the following statements has been omitted: that the donor intends the power to continue in spite of any supervening mental incapacity that the donor has read, or had read to them, the information explaining the effect of creating the power that the attorney understands the duty of registration was executed in the prescribed manner...

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

In this issue: Economic Crime and Corporate Transparency Act 2023 Equity capital markets Private M&A (share purchase) Corporate governance—EU Members Company restoration Daily and weekly news alerts Dates for your diary Trackers Useful information New Q&As Economic Crime and Corporate Transparency Act 2023 Companies and Limited Liability Partnerships (Protection and Disclosure of Information and Consequential Amendments) Regulations 2024 SI 2024/1377: These Regulations update LLP company law to reflect recent changes under the Economic Crime and Corporate Transparency Act 2023 and expand the scenarios in which a person’s residential address can be withheld from the company register, covering former registered office addresses, while maintaining corporate openness and aligning LLP provisions. They commence on 27 January 2025. See: LNB News 07/11/2024 27. Equity capital markets The Financial Conduct Authority has released Policy Statement PS24/19: Enhancing the National Storage Mechanism, setting out the feedback to Consultation Paper CP24/17, its longer-term vision for the NSM, and...

Birmingham City Council v Persons Unknown (Re Protests in Support of the Bin Workers’ Strike) [2026] EWHC 373 (KB) What are the practical implications of this case? The ruling confirms that public bodies may secure protest injunctions against ‘persons unknown’ when there is cogent proof of mounting, intentional disruption, provided procedural protections are scrupulously followed. By declining to waive service, the court emphasised that CPR 6.16 demands truly exceptional circumstances. Accordingly, claimants should implement robust alternative notification measures and adhere closely to CPR 6.15, with explicit provisions on deemed service and liberty to apply. Injunction terms should be bounded by time and geography, and supported by precise evidence addressing trespass, private nuisance and public nuisance. On substance, the decision clearly distinguishes peaceful assembly from intentional blockage of access or critical services. Although Articles 10 and 11 are in play, persistent, targeted interference with public services is unlikely to sit at the heart of the protected rights...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official Solicitor nor the court gained clarity about P’s condition or even his location. It was reported that P was now residing in Italy. HHJ Burrows concluded that...

ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note is no longer updated or maintained. It examines the effect of the coronavirus (COVID-19) pandemic on probate practice and offers guidance and answers to key issues encountered by practitioners during the peak periods of 2020 to 2022. Although derived from some of our Q&As, the most up-to-date guidance and updates were contained here. It has not been revised since the relaxation of government restrictions in 2022 and is no longer maintained. For guidance on coronavirus impacts in other areas relevant to Private Client practitioners, see: Coronavirus (COVID-19) and Private Client—overview. What happens when the family of a deceased person are unable to register the death and make funeral arrangements due to being house-bound? On 17 March 2020, the government issued guidance on emergency coronavirus legislation to address urgent issues arising from coronavirus. Among the five key areas covered by the Coronavirus Act 2020 (CA 2020) is ensuring the death of a person...

Dear [ insert name of GP or other appropriate capacity assessor ] Re: [ insert name of patient ] We act on behalf of [ insert name of proposed deputy ] and understand that the above-named individual is your patient and under your care. Our client has asked us to prepare an application to the Court of Protection seeking approval of a statutory Will on behalf of [ insert name of patient ]. By way of context and background, [ Insert, as appropriate, background information about P’s property and affairs, testamentary history and current testamentary intentions, if these can be ascertained ] Any application to the Court of Protection for a statutory Will must be supported by evidence of capacity in Form COP3, which is enclosed for your completion. The form consists of two parts, A and B. Part A has already been completed by our client. We would be grateful if you could kindly complete Part B of the form, bearing in...

This Agreement is dated [ insert day and month ] 20[ insert year ] Parties [ insert name of Company ], a company registered in [ England and Wales ] with company number [ insert company number ], whose registered office is at [ insert address ] (the Company); [ insert name of the nominated adviser ], a company registered in [ England and Wales ] with company number [ insert company number ], whose registered office is at [ insert address ] (the Nomad); and the persons named and addressed in Schedule 1 (the Directors). Recitals (A) The Company was incorporated under the Companies Act [ insert relevant year ] as a [ public OR private ] company limited by shares with company number [ insert number ] on [ insert date ] under the name [ insert name of company on incorporation ]. [ On [ insert date ] the Company [ re-registered as a public company limited...

FAO: Company Secretary [ enter company name ] [ enter address ] Dear Company Secretary The late [ name of deceased ] Address: [ enter address of deceased ] Shareholding: [ enter the class and number of shares, along with the company name and registration number if known ] We are sorry to advise of the death of the late [ name of deceased ] [ otherwise known as [ enter other name(s) by which the deceased was known ] ], who passed away on the [ enter date of death ]...