The carrying out of works of construction may involve the employer in liability to adjoining landowners, in nuisance1 or under the rule in Rylands v Fletcher2. A local authority is empowered by statute to serve a notice3 specifying the way in which building works are to be carried out, so as to minimise inconvenience to those in the locality. An occupier is absolutely liable for the maintenance of any part of a building which projects over the highway4; and if in the course of carrying out building operations in or near a street an accident occurs which gives rise
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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