The damage, not the withdrawal of support, is the cause of action, and no right of the surface1 owner is infringed unless and until subsidence results2. The mine3 owner may remove every atom of the minerals4 so long as the soil above does not fall; there is, therefore, no interference with the surface owner's right of enjoyment of his land, and no cause of action on his part, unless and until actual damage results from the removal of the minerals5. If, however, the condition of the surface owner's land is altered by subsidence, substantial in amount, so as to
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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 Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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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