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SBP LawAccess all documents on Removal directions
Validity of Wills Appeal allowed: a revocation clause in an India‑focused will cancelled an earlier English will; s9(d) needs no re‑acknowledgement by witnesses. Disclosure The court endorsed a private hearing to seal HRH Prince Philip’s will, dismissing the Guardian’s transparency challenge. Removal and replacement of personal representatives Courts clarified English law governs foreign executors’ standing, prioritised grants amid polygamy, and appointed, replaced or removed PRs where administration was imperilled. Interpretation, construction and rectification Rulings highlight the need for clear residuary clauses, uphold plain wording, apply intended domiciliary law, and adopt pragmatic, swift construction and rectification. Burial disputes Decisions resolved intestacy burial forums, granted special guardians control, safeguarded Article 8 interests, and directed remains’ disposal in exceptional cases. Personal representatives’ duties Authorities addressed mortgage burdens on survivorship, circumscribed trustee remuneration, compelled accounts, and encouraged seeking directions when uncertain. Estate accounts and solicitor fees Courts withheld indemnities for disproportionate or self‑interested litigation, denied fees absent charging clauses or consent,...
The Consultation advances the reforms to the compulsory purchase order (CPO) regime and compensation framework brought in by the Levelling-up and Regeneration Act 2023 (LURA 2023), to honour the Labour government’s manifesto promise to amend compulsory purchase compensation rules ‘to improve land assembly, speed up site delivery, and deliver housing, infrastructure, amenity, and transport benefits in the public interest’, see News Analysis: What the planning industry can expect from the new Labour government. Its intention is that, for defined types of development schemes, landowners receive what the government regards as ‘fair’ compensation, rather than amounts it considers inflated by the prospect of planning permission. Additional proposals aim to accelerate the process and cut the administrative load and expense of implementing CPOs... Changes to the power to limit hope value The first strand of the Consultation builds on LURA 2023, s 190, which amends the Acquisition of Land Act 1981 and the Land Compensation Act 1961 to enable directions to be included in certain CPOs removing the value attributed...
Endurance Specialty Insurance Ltd asked the Second Circuit to vacate a lower court ruling as moot and remand with directions to dismiss the action brought against Horseshoe Re Ltd. The appeals court stated the federal court had jurisdiction over the matter but lacked lawful authority to remove a Bermuda arbitrator from office. 'After an award issues, there is no longer any dispute about whether the federal courts have subject-matter jurisdiction under the New York Convention to hear pre-award petitions seeking removal of arbitrators,' Endurance said on appeal. Counsel for Horseshoe agreed to the relief sought, according to the letter. Court filings indicated on 7 May 2024 that the hearing remained still set for 8 May 2024. Particulars of the award were not disclosed publicly. A Horseshoe spokesperson declined to comment, and an Endurance representative did not immediately respond right away to a request for comment. The dispute arises from two reinsurance agreements Horseshoe issued to Endurance, which required that all disputes be resolved...
This Practice Note summarises the court’s powers when making a special guardianship order (SGO), including decisions about a child’s surname and any removal from the jurisdiction. It also sets out what becomes of existing orders once an SGO is made and the need to consider whether to make a child arrangements order with contact provisions. Existing orders Making an SGO does not, by itself, end any order made under section 8 of the Children Act 1989 (ChA 1989) (an s 8 order). Before granting an SGO, the court must specifically consider whether any existing s 8 order should be varied or discharged. The governing test is whether it is in the child’s best interests for an existing order to remain operative. If a CAO with contact provisions stays in force and there is an enforcement order, the court must decide whether that enforcement order should be revoked. Where an activity direction exists, the court must also consider whether it ought to be...
This Practice Note seeks to summarise the leading case law and shared principles that arise in fitness to practise (FtP) proceedings before most healthcare regulators’ FtP panels. It sets out the common procedural phases, including investigation and the admissibility of evidence, the scope of case examiners’ powers, interim orders, and recurring themes such as dishonesty and racist language. The term ‘registrant’ refers to the regulated professional who is the subject of FtP proceedings. It should be read alongside Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the separate Practice Note for each regulator listed below: General Dental Council—fitness to practise proceedings General Medical Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions Council—fitness to practise proceedings Nursing and Midwifery Council—fitness to practise proceedings Social Work England—fitness to practise proceedings This note applies to the healthcare regulators overseen by the Professional Standards Authority (PSA). For...
ARCHIVED: This archived Practice Note sets out the position as at 1 April 2013 on implementing the Jackson Reforms. It is not maintained and is provided solely for background purposes. In addition, some links may no longer direct you to the provisions as they appeared when this guidance was published. For further information on earlier and/or later amendments to the CPR, see: Practice Note: Jackson Reforms—one year on [Archived] CPR updates—overview Procedure Rule Committee minutes—overview New costs rules and practice directions A comprehensive review of the costs rules and practice directions was carried out by a subcommittee of the CPR Committee. The removal of rules concerning funding agreements required renumbering, so from 1 April 2013 costs are addressed in Parts 44–47 rather than Parts 43–48 as before. The costs practice direction has also been reorganised so there is now a separate practice direction for each Part, replacing the single costs practice direction that previously ran across all the Parts dealing...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. The Finance Act 2025 (FA 2025), granted Royal Assent on 20 March 2025, enacts the removal of the remittance basis of taxation and brings in a residence-based system, effective from 6 April 2025. FA 2025 additionally replaces domicile as the main criterion for determining exposure to inheritance tax. Further measures revise the rules for establishing excluded property status, abolish the protected settlements status of offshore trusts, and alter overseas workday relief. For details on these reforms, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. I, [ insert full name ], of [ insert full address ], to settle the succession to my estate upon my death, provide as follows: Revocation I hereby revoke all prior testamentary writings and instruct their destruction...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025), which obtained Royal Assent on 20 March 2025, enacts measures to end the remittance basis of taxation and introduce a residence-based system, effective from 6 April 2025. FA 2025 likewise substitutes residence for domicile as the principal test used in establishing overall liability to inheritance tax. Further provisions include revisions to the rules for excluded property status, the removal of protected settlements status for offshore trusts, and amendments to overseas workday relief. For guidance on these reforms, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. I, [ insert full name ], of [ insert full address ], to determine the succession to my estate upon my death, direct as follows: 1 Revocation I revoke all earlier testamentary...
Electronic Communications Code (the Code) It is taken that a headlease has been forfeited, with any sub-leases granted under it likewise brought to an end. The Electronic Communications Code (the Code) referenced is the version produced by the Law Commission in 2013. As the Q&A observes, the operator’s lease was terminated by forfeiture and, thereafter, it is assumed the freeholder required the equipment to be removed, so a paragraph 21 notice had to be served. Paragraph 21 of the Code states that, where no agreement is in place or it is shortly to come to an end, the freeholder requires an order authorising removal of the telecommunications apparatus located on the roof of the freeholder’s property...