Maintenance period meaning

ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...

How are section 278 and section 38 agreements revealed? Check the outcome of the local search and the seller’s replies to enquiries. A section 278 agreement will only be registrable as local land charges if: it has been entered into pursuant to an obligation in a s 106 agreement; or the highway authority (HA) has declared that there has been a financial default under the agreement. Section 278 agreements Section 278 agreements are used where a developer requires off-site work (other than simple access) to be carried out to a highway. The HA may design and construct the highway works at the developer’s expense. Alternatively, the agreement can appoint the developer as the HA’s agent to undertake the works, in which case a bond must support the agreement. If the developer carries out the works, a certificate of practical completion is issued once the HA engineer is satisfied that the works are complete. Following successful completion of a 12-month maintenance period,...

Simkova v Secretary of State for Work and Pensions [2025] UKSC 41 What are the practical implications of this case? First, it is settled that EU nationals living in the UK, whose children reside in an EU member state, cannot receive the Universal Credit child element for those children. This holds even where the parent pays towards the children’s maintenance and support, notwithstanding the realities of cross‑border family life. Second, the judgment shows the courts continue to grapple with dense EU law even after Brexit, specifically in areas where the UK‑EU Withdrawal Agreement preserves direct effect. It underscores the ongoing need to interpret and apply those preserved rules when they bear on disputes arising in the domestic benefits system, for cases such as this. Third, this appeal did not give the Supreme Court an opportunity to define the scope of its discretion to seek a CJEU ruling on a question under Part Two of the Agreement concerning citizens’ rights. That discretion applies only to proceedings...

In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...

Ubbi and Anori (minors) v Ubbi [2018] EWHC 1396 (Ch), [2018] All ER (D) 38 (Aug) What are the practical implications of this case? In proceedings by two children seeking maintenance from their late father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975, the parties settled on a calculation approach that the court endorsed and applied. The agreed multiplier–multiplicand methodology drew on the Ogden Tables for each head of maintenance. An investment rate of -0.75% was adopted, on the footing that any lump sum would be invested in gilts to mirror the lowest investment risk. From the overall figure, there was a deduction to reflect the reasonable contribution the children’s mother could be expected to make across the relevant period. As a result, her financial position and anticipated earnings and income were pertinent, and evidence addressing these was required. Although this necessarily involved an element of ‘crystal ball gazing’, it was considered the most accurate tool available. Unlike a claim under Schedule 1 of the Children...

This Practice Note This Practice Note examines the eligibility criteria concerning money and investments for a Tier 1 (Investor) migrant seeking indefinite leave to remain, where their most recent leave was granted under the pre-6 November 2014 Immigration Rules for the route and the application is made before 6 April 2022. It sets out which investments qualify (including any pertinent restrictions), how qualifying investments must be maintained, and the documentation required to confirm that the qualifying investments and, where applicable, any balancing funds have been maintained across the relevant specified continuous period. It should be considered alongside Practice Note: Tier 1 (Investor): applying for indefinite leave to remain. As this route was closed to any further initial applications on 17 February 2022, by Statement of Changes in Immigration Rules CP 632, partly due to concerns that it enabled the transfer of illicitly obtained wealth, both extension and settlement applications may now be subject to increasingly stringent scrutiny. For more detail, see: LNB News 17/02/2022 76...

This Practice Note sets out the principal features and scope of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the 2007 Hague Convention). The 2007 Hague Convention aims to deliver a straightforward, swift and effective framework for the mutual enforcement of family maintenance obligations across contracting states. After IP completion day, Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and co‑operation in matters concerning maintenance obligations (the EU Maintenance Regulation) ceased to apply in the UK (except in transitional cases) and the 2007 Hague Convention has taken on greater importance and relevance when addressing the cross-border recovery of child support and other family maintenance within the EU. 2007 Hague Convention and Brexit From 31 January 2020 (exit day), the UK was no longer an EU Member State and did not participate any longer in the EU’s political institutions and governance structures. In line with the transitional arrangements in Part 4...

This Practice Note forms part of a cross-border guide that covers the key elements of establishing particular business vehicles across global jurisdictions. Member firms of the Multilaw international network contribute responses to core questions on the subject matter. Leading law firms within the Multilaw global law firm network supply answers to key questions on this topic. This instalment highlights principal issues arising on the formation of a public limited company in Thailand. Up to date as at 13 January 2023. Authors: Kobkit Thienpreecha and Athistha Chitranukroh, Tilleke & Gibbins, a Multilaw member firm Common entities Which form of entity is addressed in this questionnaire? Which other commonly used entities in this jurisdiction are covered in another questionnaire? The private limited company and the representative office are handled in separate responses. Identify further entity types in your jurisdiction that exist but are not presently the subject of a questionnaire response: Regional office Limited liability partnership ...

1 Reserve Fund 1.1 Definitions In this clause, the following further definitions apply: Fund Account – an interest‑bearing [ trust ] account [ opened with [ name of bank ] ] held in the Landlord’s name; Reserve Fund – a fund that the Landlord may, though is not obliged to, set up and keep from time to time to receive and hold a Reserve Fund Contribution; Reserve Fund Contribution – the sum (if any) in each Service Charge Period that the Landlord [ (acting reasonably) ] determines to be a fair annual payment by the Tenant towards the advance funding of [ providing the Services OR regularly‑recurring major items of [ the Service Costs OR service charge expenditure ] ] [ (including, but not limited to, repair, decoration, maintenance and renewal) ], and including any VAT payable where the Landlord cannot obtain a credit for that VAT from HM Revenue & Customs...

I leave to my trustees the sum of £[ insert amount ] (‘the gift’), to be held on trust, invested, and the income applied towards the care and upkeep of my [ describe the animal, eg dog, cat etc adding gender ] named [ insert name of animal ] for a term of [ insert period not exceeding 21 years ] from my death, provided that [ insert name of animal ] survives for that time; and upon the earlier of the death of [ insert name of animal ] or the expiry of 21 years, the fund shall revert to and form part of my residuary estate. OR I bequeath to [ insert name of beneficiary ] a legacy of £[ insert amount ] together with my [ describe the animal together with its gender ] named [ insert name of animal ] (if alive when I die), and I record my wish (without creating any binding duty on [ insert name of beneficiary ]) that [ insert name...

The Architect shall: General responsibilities (Stages 0–7) Lead Consultant: advise on scopes, guide specialists, integrate and co‑ordinate design, chair design meetings with minutes, manage Client–Design Team communication, collate stage reports. Act as or liaise with the Principal Designer under CDM 2015 and Building Regulations 2010; manage Client instructions; agree deliverables; design to budget; brief on duties; liaise with the BIM Manager. Stage 0: advise on risks, finance and feedback; visit site; assist with Design Team appointments; Stage 0 report. Stage 1: feasibility; arrange/collate surveys; develop the strategic brief into the Project Brief (sustainability, quality, spatial needs); set procurement, programme and PEP; align budget; Stage 1 report. Stage 2: concept and outline proposals aligned to cost plan and strategies; cost advice; compliance route and pre‑application planning; Stage 2 report. Stage 3: spatial co‑ordination; planning applications/consents, revisions and conditions; select materials/methods; value engineering; tender support; Stage 3 report. Stage 4: technical design, specifications and packages; building regulations submissions; ERs, Construction Phase Plan; Stage...

Section 164 of the Highways Act 1980 (HiA 1980) It provides that where land adjacent to a highway has a fence built with barbed wire, or bearing barbed wire on or within it, and the wire amounts to a nuisance to the highway, the highway authority may, by serving notice on the occupier of the land, require that the nuisance be abated within a period of between one and six months from the date of the notice...