The natural right enjoyed by a riparian proprietor1 to use the water of a stream cannot be granted to a non-riparian proprietor2; and a lessee of mines3 under land adjoining a stream is not, as regards the user of the water in the stream, a riparian proprietor4. The reasonable use of the stream to which a riparian proprietor is entitled includes the abstraction of reasonable quantities for the purpose of working machinery connected with his mines5; and his proprietary rights relate to water flowing on the surface of the land or below it6 provided that the water flows in
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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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