The placing1 of an obstacle on a highway or such an improper use of a highway as amounts to an obstruction of the traffic on it constitutes a nuisance at common law2. In some cases obstruction of the highway may be authorised by law3 or agreement4. It may be either temporary5 or permanent6. Where it is temporary, there is a duty, breach of which is an act of negligence, to remove the obstruction as soon as possible7, and to see that it is so guarded that the risk to persons using the highway is reduced as far as possible
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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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