Restoration by court order meaning

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In this issue: Probate Court of Protection HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Insolvency—Private Client Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Bona Vacantia Division reinstates unclaimed estates list following fraud review Working with the Government Legal Department, the Bona Vacantia Division (BVD) has confirmed the restoration of the Bona Vacantia unclaimed estates list following a review of its release. Publication had been paused in July 2025 owing to allegations of fraud in the probate system. The review found no evidence that the unclaimed estates list was connected to fraudulent activity. Even so, BVD has judged...

In this issue: Planning and Infrastructure Act 2025 Planning conditions, obligations and CIL Major infrastructure projects Planning applications and decisions Highways and rights of way Daily and weekly news alerts New and updated content Related Documents Planning and Infrastructure Act 2025 Environmental Delivery Plans and Nature Levies under Part 3 of the Planning and Infrastructure Act 2025: key issues for practitioners In this article, Alexa Culver, legal counsel at RSK Wilding, considers the principal practitioner questions raised by Part 3 of the Planning and Infrastructure Act 2025, which became law on 18 December 2025. Her analysis outlines how the new system of Environmental Delivery Plans (EDPs) and nature restoration levies could let developers deal with a wide array of environmental impacts via levy payments, in place of existing mitigation and compensation regimes. It makes clear there will be no immediate shift in practice until secondary legislation...

In this issue: Air emissions and climate change Contamination and pollution Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change UK ETS Authority extends waste consultation deadline The UK Emissions Trading Scheme (ETS) Authority has deferred, by two weeks, the consultation on the proposed expansion of the ETS so that it encompasses energy from waste and waste incineration facilities, in order to enable additional engagement with stakeholders following the election. The consultation will now close on 2 August 2024. See: LNB News 14/06/2024 15... The Scottish government publishes progress report on its clearer air strategy The Scottish government has published a progress report on delivering actions to reduce air pollution across Scotland. The report sets out policies for good air quality in Scotland...

ARCHIVED: This Practice Note has been archived and is not maintained This Practice Note provides practical guidance for carrying out a reasonable search for standard disclosure under CPR 31.7, addressing timing, the Electronic Documents Questionnaire (EDQ), strategy, proportionality, and the importance of co-operation and collaboration. It also considers cost shifting—where the court may order that the costs of disclosure (or a specific component, such as restoration) are apportioned between the parties—so that some or all of the expense is borne by the other side. This Practice Note should be read alongside the following Practice Notes: Disclosure under CPR 31—introduction Disclosure—standard disclosure and the reasonable search Disclosure—processing documents This Practice Note does not address the disclosure scheme in the Business and Property Courts. For guidance, see: Disclosure Scheme (Business & Property Courts)—overview. General Disclosure can be a daunting exercise. The following tip may help to make the process more manageable: start early: commence the disclosure process...

ARCHIVED: This Practice Note is archived and not maintained. Court of Appeal—continuing breach and concurrent causes of action The Court of Appeal examined whether a continuing breach could operate as a concurrent cause of action when allocating loss under an indemnity in a share sale agreement that made the seller responsible for losses arising from services performed before the transfer date. The question was whether the pre-transfer negligence amounted to a breach of duty that persisted day by day after the transfer, so that a new cause of action accrued each day, creating a concurrent claim alongside the indemnified breach which, following EE Caledonia, would bar the appellant from relying on the indemnity. By a majority, and departing from the first instance decision, the court held there was no continuing breach, hence no concurrent cause of action, and the indemnity could be relied upon after the transfer until fresh causes of action later materialised (which occurred some nine months afterwards). Lady Justice Gloster dissented and would have upheld...

When a company has been struck off the register, it can, in some cases, be reinstated by applying to the court for an order under the Companies Act 2006. This Practice Note outlines the process for restoring a company to the register through a court order... Why restore a company to the register? Where a company has been removed from the register, an interested party may apply to the court to have it restored. Common motivations for restoration include: enabling a claim to be pursued against the company addressing assets the company owned at dissolution that passed as bona vacantia situations where the registrar struck the company off while it was still trading If the registrar initiated the striking-off, the applicant should assess whether the simpler, quicker administrative restoration route is available as an alternative to the court process...

INSOLVENCY ACT APPLICATION NOTICE Note: Use with an application notice template compliant with the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (Form IAA), IR 2016, r 1.35... Case No: [insert]. [In the High Court of Justice, Business and Property Courts (Insolvency and Companies List (ChD)) in England and Wales or in [location]; or in the County Court at [location], Business and Property Work]... In the matter of [bankrupt’s name] (In Bankruptcy) and the Insolvency Act 1986. Between [Applicant(s)] and [Respondent(s)]. Application under section 284... Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. The application concerns [details of the relevant bankruptcy]. To be heard by [level of judge] at [court/hearing centre]. Within existing insolvency proceedings? YES/NO. Court reference: [insert]... Declaration that [the disposition] is void under section 284. Order restoring the position as if the disposition had not occurred. Order that the Respondent(s) pay the Applicant(s)’ costs. Further or other relief as the Court considers appropriate. Grounds: set out in the...

CASE NO: [ enter case number ] [ IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS AT [ enter location ], INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ enter location ], BUSINESS AND PROPERTY WORK ] BEFORE [ [ DEPUTY ] INSOLVENCY AND COMPANIES COURT JUDGE ............................. / THE HONOURABLE [ MR/MRS ] ]...