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A notice in the nominated registry setting out the caveator's interest contrary to that of the person warning.
The appearance to the warning requires the caveator to set out the basis on which he challenges the prospective grant to the person warning, for example by challenging the validity of the will to be proved.
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Case management in the magistrates’ court—checklist This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦...
Planning due diligence—reporting on planning permissions—checklist Importance of establishing the planning history of a site For transactions involving the creation, acquisition or disposal of an interest in land, it is important to determine the lawfulness of any existing or proposed uses or operational development on that land. This is because planning permission is required for the ‘development’ of land as defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990) (see Overview: Is planning permission required?), unless it is permitted pursuant to a development order such as the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (in England) or the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales) (see: Permitted development—overview). If planning permission is not obtained where it is legally required, or if planning conditions on a permission are not complied with, this constitutes a breach of planning control, which can be enforced against by the local planning authority (LPA) (see: Planning enforcement—overview). All decisions to grant...
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STOP PRESS: HMCTS announced updates to the caveat application process from 25 October 2022. See: LNB News 11/10/2022 10.CaveatsA caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed by:•the non-appearance of the caveator to the warning•the withdrawal of the caveat by the caveator•an order of a district judge, registrar or High Court judge•the expiration of six months from the date of entry or effective...
Recognition of judgments under Brussels I (recast) This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I (recast) dealing with the recognition of judgments. It sets out the general provisions and then looks in some detail at the grounds on which recognition might be refused followed by how to make an application requesting that the court refuses to recognise the judgment. For guidance on enforcement of judgments, see Practice Note: Enforcement of judgments under Brussels I (recast). What is a judgment? For the definition of what constitutes a ‘judgment’ of an EU Member State for the purposes of recognition under Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: Enforcement of default judgments under Brussels I (recast). Recognition of a judgment The usual position, set out in Article 36(1) of Regulation (EU) 1215/2012, Brussels I (recast), is that a judgment given in one EU Member State is recognised in another EU Member State without any special procedure being required. There is no need to bring an application for...
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Lease of a rooftop area to an electronic communications operator—new code HM Land Registry Prescribed Clauses [ LR1. Date of the lease [date] LR2. Title Number[s] LR2.1 Landlord’s title number [s] [title number(s) out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [[OPTION 1 — name of Landlord (not an overseas entity)] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]OR[OPTION 2 — name of Landlord (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] (registration number [number]) [and registered at Companies House (company registration number BR[number])] (overseas entity ID [[number] OR not required]) whose registered office is at [address]] Tenant [[OPTION 1 — name of Tenant (not an overseas entity)] [of OR incorporated in...
Workers and Temporary Workers sponsor audit—sponsored worker file checklist Monitoring immigration status and preventing illegal employment: Document 1 Format of copy (hard copy or electronic) Type of document Which copy pages have been taken?For a passport or travel document this should be:—front cover (if the copy was taken on between 29 February 2008 and 15 May 2014);—any page(s) containing the photograph, name, date of birth, biometric details, expiry date, nationality or signature; and—if not British or Irish, (or European Economic Area (EEA) or Swiss national before 1 July 2021) and their permission is endorsed in their passport, the page with the stamp confirming the holder's current UK immigration status and any conditions of stay. Does this page have a date of entry to the UK by way of an entry stamp? The date of entry must be between the ‘valid from’ and the ‘valid to’ date on their visa.All other relevant types of right to work document should be copied in full,...
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What commercial buildings are exempt from the need for a commercial energy performance certificate? An energy performance certificate (EPC) is required: • when an existing building is sold or rented out • when a building under construction is finished • after refurbishment when there are greater or fewer separate parts of the building and the modification includes the provision or extension of fixed heating, air conditioning or mechanical ventilation systems Page 7 of the government guidance: A guide to energy performance certificates for the construction, sale and let of non-dwellings has a useful flowchart to help determine when a building requires an EPC. Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118, Pt 2 states: ‘(1) This Part does not apply
How do you swear an oath during the coronavirus (COVID-19) pandemic where there may be problems with a solicitor being physically present? Can it be sworn virtually with the individual and solicitor both signing electronically or are wet signatures required? At present, no measures have been enacted specifically to deal with swearing affidavits in circumstances where the deponent and the officer administering the oath are required to avoid unnecessary social contact. However, the Law Society will be providing guidance on this issue imminently. Since publication of this Q&A, the Law Society has published: Our position on the use of virtual execution and e-signature during the coronavirus (COVID-19) pandemic. Thought should be given, in the first instance, to whether a sworn affidavit is strictly necessary. The court has a general power to control evidence and could exceptionally dispense with an affidavit (where it might otherwise be required) in favour of a witness statement: CPR 32.1(1)(b) and (c). A party could also apply for permission to rely on a ‘defective’ affidavit: CPR...
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The Working Group on Cosmetic Products (sub-group on borderline products) has released an update to the Borderline Manual on Cosmetic Products which was endorsed 22 November 2024. The revision adds new section 3.3.34 for the inclusion of ‘Products in a vial or ampoule’. It makes clear that a substance or mixture presented in a vial or ampoule is for use by injection then it is a medicinal product. However, if a product presented in vials or ampoules has a cosmetic function (cleaning, perfuming, changing the appearance, protecting, keeping in good condition or correcting body odours of the external parts of the human body or the teeth and the mucous membranes of the oral cavity), it is not intended to be injected, and the instructions for use and its overall presentation clearly inform that the product is for external use only, then such a product could be considered as a cosmetic. A decision on the qualification of the product has to be made by the national competent authorities, on a case-by-case...
This week's edition of Life Sciences weekly highlights includes news that the European Commission introduced the competitiveness compass, which will guide the Commission’s work for the next five years and summarises the key legislation to be introduced to achieve these objectives for IP and life sciences. Also included, is news that the Court of Appeal dismissed an appeal by Merck in a case that questions the interplay of patents for second medical uses and the SPC regime and the CJEU precedent set by Neurim Pharmaceuticals, final guidelines setting international standards for good machine learning and risk characterisation for medical device software has been published, and Commission Implementing Regulation (EU) 2025/117 of 24 January 2025 laying down rules for joint scientific consultations for medical devices under the Health Technology Regulation was published in the Official Journal of the EU. Other stories include news that the European Commission launched a new Biotech and Biomanufacturing Hub to foster innovation and support the European biotech sector, the EU Borderline Manual on Cosmetic Products was...
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