Where the local authority1 has served on the owner2 of a disused tip3 a notice requiring remedial operations4 or a notice that the authority will carry out remedial operations5 and an application to the court6 is made within a specified period7, the court may order that a contribution towards the expenses otherwise falling to be borne by the owner8 as a result of the remedial operations is to be made by any one or more of other specified persons9 on whom notice of the application has been served10. Such an application may be made by the owner and, in
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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