If an owner of land grants a lease of mines1 with power to let down the surface2, then subsequently transfers the surface to another, reserving the mines without power to let down the surface, with a covenant for title, the prior lease is a breach of the covenant3. Similarly, an owner of land grants a lease of mines with power to let down the surface, then subsequently leases the surface, reserving the mines without power to let down the surface, it is possible that the lessee of the surface may recover damages against his lessor for breach of a
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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