Term maintenance order meaning

In this issue: Social housing Children’s social care Planning Public procurement Governance Education Healthcare Social care Licensing LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q&A Social housing Local authority successful in Court of Appeal ‘intentional homelessness’ challenge under the Housing Act 1996 (Cifci v London Borough of Sutton). In Cifci v London Borough of Sutton, the appellant disputed the respondent’s decision that the main housing duty under section 193(1) HA 1996 was not engaged. He maintained he was not intentionally homeless within s 191(1), asserting that his exit from accommodation A was prompted by the landlord’s notice to quit, rather than by declining an offer of accommodation B from another local authority. The Court of Appeal held the reviewing officer was entitled to conclude intentional homelessness, as the effective reason for leaving accommodation A was the short-term placement at accommodation C provided by...

Banking & Finance—November 2024 case round-up Sata Internacional-Azores Airlines SA v Hi Fly Ltd and another company [2024] EWHC 2762 (Comm) Aviation finance—unpaid rent—novation of lease—rectification of novation agreement The claimant, SATA Internacional-Azores Airline SA (SATA), leased an aircraft from the defendant, Hi Fly Ltd (Hi Fly). By 2019, SATA was experiencing financial difficulties and, following negotiations, Hi Fly sold the aircraft to a third party, AELF, with the lease simultaneously novated so that AELF became the lessor. AELF and SATA then agreed to terminate the lease early, providing for re-delivery on an ‘as is where is’ basis in return for a lump sum termination payment. When these arrangements were put in place, SATA owed Hi Fly just under US$3m comprising unpaid rent, maintenance reserve payments and default interest. Of that total, a little under US$1m related to amounts outstanding from before 1 September 2019, and it was accepted that SATA remained liable to Hi Fly for that portion. There was, however, a dispute concerning the remainder...

In this issue: Arbitration in England and Wales International arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Useful information Arbitration in England and Wales London court refuses bid to stay Unicredit’s Russian arbitration The King’s Bench Division (Commercial Court) refused the claimant/applicant’s request for an anti-suit injunction against the first and second defendants/respondents (AO and SPA), which aimed to bar Moscow proceedings and channel the quarrel to arbitration in Vienna. The court held there was no strong likelihood the Moscow case infringed the arbitration pact, because the Mortgage Agreement jurisdiction clause governed disputes concerning Events of Default. It also declined to issue an anti-suit order on the footing that the Moscow action was vexatious or oppressive, concluding there was an insufficient English judicial interest in a quarrel about Russian property between a Russian bank and a Cyprus...

Duty of the court to consider a clean break Although a financial clean break is not presumed on divorce, the court remains obliged to assess whether using its powers to end the parties’ mutual financial responsibilities is appropriate. When deploying those powers, the court must also examine how and when each party’s obligations to the other should cease, and aim for termination as soon after the final order or decree as it judges fair and reasonable, consistent with what it regards as just and reasonable. In doing so, it evaluates both the practical method and the timing of that cessation. Section 25A of the Matrimonial Causes Act 1973 (MCA 1973) – mirrored in the Civil Partnership Act 2004 (CPA 2004) – does not specify when a clean break order may be appropriate, offering no guidance on the circumstances. However, where the court opts for a periodical payments or secured periodical payments order, it must consider capping the term to what is sufficient to allow the recipient to adapt, without...

Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...

Practice Note This Practice Note explains what constitutes a maintenance agreement between spouses or civil partners, embracing both a separation agreement and an arrangement without any separation provision, whether concluded while a marriage or civil partnership subsists, during its continuance, or after divorce or dissolution. It further outlines the formalities and contractual matters to address when taking instructions to draft or advise on such an agreement in practice, together with particular considerations concerning child maintenance obligations and issues. Spouses and civil partners may make an agreement covering maintenance, the division and distribution of property, and the financial arrangements for any children of the family. Any bargain reached between the parties remains, at all times, subject to the court’s overriding jurisdiction, and any term, clause, or stipulation seeking to limit the right to apply to the court for an order dealing with financial arrangements will be void. Accordingly, an agreement between the parties cannot displace the jurisdiction of the family courts, although regard should be paid to the possibility of...