Legal Q&A

A local authority holds a broad range of legal powers concerning the highway, most of which sit within the Highways Act 1980 ( Hi A 1980). Those powers cover action and interventions where land adjoining a street (defined, following Hi A 1980, s 329 and by virtue of section 48 of the New Roads and Street Works Act 1991, as any highway, road, lane, footway, alley or passage, any square or court, and any land laid out as a way, whether or not it is formed as a way, a bridge or a tunnel) presents a danger or annoyance......

Broadly, in this context, an asset is assessed only for appropriation purposes by reference to that specific date (rather than the date-of-death valuation that applies for inheritance tax ( IHT) purposes)......

Section 15 of the Wills Act 1837 ( WA 1837) states: It provides that if a beneficiary (or their spouse) attests a will, any devise, legacy, estate, interest, gift or appointment to them, their spouse or those claiming through them is void against them. The attesting person may still give evidence of execution and of the will’s validity or invalidity. An interest in residue appears to fall within this rule. However, s 15 does not displace a gift where a separate testamentary instrument, not witnessed by the beneficiary or spouse, later confirms it; for example, B witnesses a Will benefiting B, but does not witness a codicil that reaffirms it. Class gifts differ on lapse: no one is fixed as a member until ascertainment. If a member is barred (for instance, by attesting), the class gift does not lapse; the property is shared among those able to...

This Q& A assumes that there are no substitute executors. Under the Non- Contentious Probate Rules 1987, SI 1987/2024, r 31, it sets out that a lawfully constituted attorney for a person entitled to a grant may seek administration for the use and benefit of the donor; any such grant must be restricted until further representation is issued, or otherwise as the registrar or a district judge directs. Hence, while an attorney is permitted to apply for a grant, there is no duty upon them to do so......

Refer to the relevant Practice Notes: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability (covering pre-revenue businesses) and Applying for a Workers and Temporary Workers sponsor licence: procedure (concerning licence re-application). Cooling off period and who it applies to If a sponsor licence application is refused, the Home Office will, in most cases, impose a cooling off period. This is typically six months, though in some situations it can be as long as five years. The Home Office may choose not to apply the cooling off period, for example where documents were provided late, or where a representative submitted the application. See Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure/cooling-off periods......

Practice Note: Relevant property trusts—the principal (ten-year) charge within the Trusts—inheritance tax subtopic For details on the inheritance tax ( IHT) rules applicable to discretionary trusts under the relevant property regime, see Practice Note: Relevant property trusts—the principal (ten-year) charge within the Trusts—inheritance tax subtopic......

The residence nil rate band ( RNRB) originated in the Finance Act 2015, and was subsequently revised by the Finance Act 2016. Its statutory provisions are now contained within the Inheritance Tax Act 1984. For context, refer to Practice Note: IHT—residence nil rate band......

Costs under LRHUDA 1993, s 60 As a broad rule, when a notice is given under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993), the tenant who gives it is liable—so far as they have been incurred by any relevant person acting in pursuance of the notice (for example, the landlord)—for that person’s reasonable costs: LRHUDA 1993, s 60(1). In addition, if the section 42 notice later ceases to have effect, or is deemed withdrawn, the tenant’s liability under this section is for the costs incurred by any person only up to that time (the precise ambit is set out in LRHUDA 1993, s 60). Accordingly, LRHUDA 1993, s 60 raises two issues where an error occurs when launching a tenant’s claim for a new lease: Does a purported section 42 notice that is invalid for some reason still fall...

Common law rules of service At common law, methods of service govern notices given under section 21 of the Housing Act 1988 ( HA 1988) to recover possession of an assured shorthold tenancy. However, any contractual service terms in the tenancy agreement can override them, so the agreement needs careful review......

Position where the contract for sale is silent in relation to environmental liabilities If a land sale contract says nothing about environmental liabilities, allocation of responsibility turns on various factors, including the nature of the liability, who caused or knowingly permitted the issue, and when it took place, depending on the circumstances in which it occurred. By way of illustration, there are several liability regimes for land contamination, including liability for contaminated land under Part IIA of the Environmental Protection Act 1990 ( EPA 1990) (see Practice Note: Land contamination—potential liabilities). Under EPA 1990, Part IIA, liability is both strict and retrospective. Class A persons, namely those who cause or knowingly permit the contamination, will be liable......

In many developments, the freeholder or a right to manage ( RTM) company established by the leaseholders accumulates a reserve fund from amounts the leaseholders pay via their service charges. This fund is intended to cushion substantial expenditure—such as repair works required under the leases—by spreading the contributions over several years......

In this Q& A we focus on the amendments introduced by Regulation ( EU) 2015/2424 (subsequently consolidated in Regulation ( EU) 2017/1001, the EU Trade Mark Regulation ( EUTM Regulation)), along with the key points to consider when seeking protection for an unconventional mark. EU Trade Mark Regulation— What is new? See News Analysis: New EU trade mark reforms, which provides an analysis of the background to the new EU trade mark reforms. As outlined there, five new categories of trade mark can be applied for in the EU: Position Pattern Motion Multimedia Hologram These are in addition to a Certification Mark, which has been available in the UK for some time. The European Union Intellectual Property Office ( EUIPO) has issued guidance relating to the new EU trade mark reforms......

Section 33 of the Local Government ( Miscellaneous Provisions) Act 1982 ( LG( MP) A 1982) This provision addresses how local authorities can enforce certain land-related covenants. It applies where a principal council and another person are parties to an instrument under seal that is executed for specific purposes relating to land in which that person has an interest. The section is engaged where the instrument is: executed to secure the carrying out of works on land within the council’s area in which the other party holds an interest; or executed to regulate the use of, or is otherwise connected with, land either within or outside the council’s area in which that party has an interest; and only where the instrument is neither executed to facilitate, nor otherwise connected with, the development of the relevant land. LG( MP) A 1982, s 33(2) sets out...

Personal service of a divorce petition It is inferred that this Q& A concerns personal service of a divorce petition, given the mention of the ‘petitioner’. As a starting point, a divorce petition is commonly served on the respondent by first class post. That said, Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, 6.4 permits service of a divorce petition by other means, namely: personal service pursuant to FPR 2010, SI 2010/2955, 6.7 alternative service providing delivery on the next business day under FPR 2010, PD 6A where FPR 2010, SI 2010/2955, 6.11 applies (the respondent has a solicitor acting and the applicant has written notice that the solicitor is instructed to accept service of the application), service via document exchange ( DX) See Practice Note: Service of applications for matrimonial and civil partnership orders within the...

Regulation 12(6) of the Building Regulations 2010 (the 2010 Regulations), SI 2010/2214 ( SI 2010/2214, reg 12(6)) Regulation 12(6) removes the need for a building notice or full plans where the works are solely those in Schedule 3 (by the corresponding registrant) or in Schedule 4. Schedule 3 includes door replacements: 10: Replacement of a window, rooflight, roof window or door in an existing dwelling—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited ( Fenestration Self- Assessment Scheme); NAPIT Registration Limited; Network VEKA Limited; or Stroma Certification Limited. 11: The same in a non-dwelling—excluding load-bearing or structural glass, glazed curtain walling and revolving doors—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited ( Fenestration Self- Assessment Scheme); or Stroma Certification Limited. Schedule 4, paragraph 1(h) covers replacing an external door where the door plus frame has not more than 50% of its...

The Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246, reg 4 Where a relevant transfer occurs under these provisions, there is a novation imposed by statute of the contracts of employment of the staff who transfer; the incoming employer stands in the place of the outgoing employer, and each employment contract continues after the transfer as if it had been originally concluded between the employee and the transferee throughout for all relevant legal purposes thereafter......

TRSM70010— Discrepancy reporting: contents: Introduction Please refer to the above for further reference. In addition, see the relevant Practice Note: Trust Registration Service ( TRS), particularly the sub‑heading ‘ Discrepancy reporting’ under the main heading ‘ Access to information on the TRS’......

The question refers to the Land Registration Act 2002 (the Act), which mandates registration for any lease exceeding seven years. Absent registration, s 7(1) states the lease ‘becomes void as regards the ... grant .. of a legal estate’, while s 7(2)(b) states that ‘the grant … takes effect as a contract made for valuable consideration to grant … the legal estate concerned.’ The result is that the interest subsists only in equity. Consequently, non-registration affects not only the mutual rights of the contracting parties, but also whether a third party will be bound. By contrast, an option does not require registration in order to operate between the parties. In effect, the legal title does not arise, but the arrangement survives as an equitable contractual right, binding the parties and potentially affecting third-party obligations......

No estate will be placed on the register until any existing caution has been properly resolved. Should an application to register be lodged, HM Land Registry ( HMLR) will alert the cautioner and advise them of their entitlement to oppose it. The cautioner may then submit an objection within the stipulated timeframe. As provided by the Land Registration Rules 2003, SI 2003/1417, r 53, that period usually expires at 12 noon on the 15th business day following the issue date of the Registrar’s notice, unless a different arrangement is agreed. Nevertheless, the cautioner may ask the Registrar, with reasons, to allow extra time. Any such request must be lodged before 12 noon on the 15th business day after the Registrar’s notice is issued......

Interest in possession ( IIP) in settled property For the purposes of the Inheritance Tax Act 1984, an individual who is beneficially entitled to an interest in possession ( IIP) in settled property is regarded as beneficially entitled to the underlying trust assets in which that interest exists. However, where that IIP first arises on or after 22 March 2006, IHTA 1984, s 49(1A) limits this deeming rule so that it applies to that interest only if, and only for so long as, the interest is one of the following categories: an immediate post-death interest a disabled person’s interest, or a transitional serial interest or falls within IHTA 1984, s 5(1B) Accordingly, IHTA 1984, s 50 explains the position where a person within s 49(1) has a right to only part of the income (if any) of trust property. In that...