Sat07222017

Last updateTue, 24 Feb 2015 5pm

Hill Dickinson LLP

Hill Dickinson LLP

Kathryn Maclennan takes a view on the impact of a recent decision on trusts created by IVAs

The Court of Appeal (CoA) decision in Green (Supervisor of the Voluntary Arrangement of James Patrick Wright) v Wright [2017] was handed down on 1 March 2017 and brings some long-needed clarity to the insolvency industry regarding the position with trusts created by an individual voluntary arrangement (IVA). While that clarity is certainly welcome, the decision given has a number of implications for insolvency practitioners (IPs), debtors and lenders alike.

The Deregulation Act 2015 significantly changes the law on tenancy deposit schemes, retaliatory evictions and section 21 notices, warns Scott Birchall

The Deregulation Act 2015 (the Act) received royal assent on 26 March 2015 and amended provisions in both the Housing Act 1988 (HA 1988) and the Housing Act 2004 (HA 2004).

The Land Registry’s radical new approach to mapping leasehold title plans takes some getting used to, warns Bill Chandler, but ultimately represents a workable compromise

Let me start by declaring that I am a massive fan of the Land Registry. I admire the engagement they have sought with their customers over recent years, I have experienced first-hand the benefits of customer teams and I have embraced innovative new services such as the excellent ‘Mapsearch’ facility and the game-changing electronic Document Registration Service, or eDRS.

Amy Harris contemplates the finality of separation agreements and applications to show cause

The case of T v T [2013] concerned a separation agreement executed by a divorced couple some 20 years earlier. It provides helpful guidance as to the approach that should be taken when considering a separation agreement in accordance with s25 Matrimonial Causes Act 1973 (MCA 1973).

Amy Harris summarises the case law on the factors to be considered when contact is an issue

The government has issued proposals to introduce a statutory presumption of shared parenting. The objective of the proposed reform is to ensure that both parents are actively involved in their children’s lives following separation. The government has confirmed that contact should only be promoted with both parents where a child will be safe and their best interests will be protected.

Amy Harris highlights the procedural lessons in relation to divorce procedure in Kim v Morris

Unusually, the decision in Kim v Morris [2012] relates to divorce procedure providing useful guidance for family lawyers on the impact of the Family Procedure Rules 2010 (FPR 2010) on supplemental petitions, and:

Amy Harris considers the post- Radmacher approach to marital agreements

The Supreme Court in Granatino v Radmacher [2010] held that:

Now that the Office of Fair Trading has published its draft guidance, Bill Chandler looks at how competition law will be applied to property transactions when the repeal of the Land Agreements Exclusion Order takes effect in April 2011

From 6 April 2011 all property transactions will be subject to the full rigour of competition law for the first time. Any agreements or restrictions contained in property documents will be affected, but perhaps the most obvious candidates are restrictive covenants limiting the development or use of property, together with restrictions in leases such as tenants’ covenants on the use of the property and exclusivity covenants given by landlords.

Tom Hubbard examines the powers of a liquidator to disclaim leases and strategies for landlords faced with tenants who are in liquidation

In these hard times many companies are struggling, and those that lose the battle will eventually be placed in liquidation (whether compulsorily or voluntarily). In essence, liquidation is the process whereby the assets of a company are realised and distributed to its creditors.