Where an appointment is made which is invalid wholly or partially under the rule against perpetuities, and in the same instrument of appointment a person concurs1 as a party to the deed or otherwise to whom a perfectly valid appointment might have been made of the property appointed, then, if the facts warrant it, and if there is no question of a fraud on the power2, the appointment may be treated as an appointment to that person absolutely, with a subsequent settlement or disposition by him in favour of the actual appointees3. That treatment depends, however, upon attributing to
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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
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