Ardmore Group Limited

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Georgia Whiting
In-House Legal Counsel
Ardmore Group Limited
Contributions by Ardmore Group Limited Experts

96

If a construction contract provides for mandatory adjudication (ie disputes must be referred to
If a construction contract provides for mandatory adjudication (ie disputes must be referred to
Q&A

This Q&A considers whether a mandatory adjudication in a construction contract remains in place following termination.

If a crew member is injured while flying, what jurisdiction should the claim be brought in?
If a crew member is injured while flying, what jurisdiction should the claim be brought in?
Q&A

This Q&A considers jurisdictional issues in respect of claim for personal injury brought by an airline crew member who was in-flight at the time of sustaining the personal injury.

If a freehold is owned by three individuals and one of them sells their share, would that be caught by
If a freehold is owned by three individuals and one of them sells their share, would that be caught by
Q&A

This Q&A considers the circumstances where one of three individuals who own a freehold sells their share, and whether that would be caught by the right of first refusal under the Landlord and Tenant Act 1987.

If a mortgage is granted after the grant of an assured shorthold tenancy (AST) and the AST does contain
If a mortgage is granted after the grant of an assured shorthold tenancy (AST) and the AST does contain
Q&A

This Q&A considers the circumstances in which HA 1988, Sch 2, Ground 2 can be relied upon as a ground for possession.

If an AST is not executed correctly (neither of the tenants signatures have been witnessed and the
If an AST is not executed correctly (neither of the tenants signatures have been witnessed and the
Q&A

This Q&A considers the position in which the intention was to execute an Assured Shorthold Tenancy, but the signatures of the tenants have not been witnessed, and the landlord has not signed the agreement. In particular, it considers the process in terms of termination of the same.

If an option agreement has expired, can it still be extended by agreement from both parties?
If an option agreement has expired, can it still be extended by agreement from both parties?
Q&A

This Q&A considers the legal position in circumstances where parties wish to agree an extension of an option which has expired.

In civil proceedings what is the effect of a claimant who is diagnosed with severe dementia, and
In civil proceedings what is the effect of a claimant who is diagnosed with severe dementia, and
Q&A

This Q&A considers the ability of a claimant who lacks capacity to rely upon their own witness evidence in the context of civil proceedings.

In collective enfranchisement, can an intermediate landlord increase the premium stated in the counter
In collective enfranchisement, can an intermediate landlord increase the premium stated in the counter
Q&A

This Q&A considers if in collective enfranchisement an intermediate landlord can increase the premium stated in the counter notice under LRHUDA 1993, s 21.

In what situation is monetary compensation or consent not valid to overcome a right to light claim? If
In what situation is monetary compensation or consent not valid to overcome a right to light claim? If
Q&A

This Q&A considers the various remedies in respect of a right to light claim, and also whether or not planning permission is likely to be refused in circumstances the neighbouring property owners have consented to the project continuing, despite any interference with the right to light.

Is a landlord obliged to carry out works once he has served a notice for the purposes of section 20 of
Is a landlord obliged to carry out works once he has served a notice for the purposes of section 20 of
Q&A

This Q&A deals with the time limits for commencing works after notice has been served as per section 20 of the Landlord and Tenant Act 1985. It further considers the position if the freehold is sold to a new landlord after service of the notice.

Is a lease valid if it is missing the signature of the tenant? Would the position change if there is a
Is a lease valid if it is missing the signature of the tenant? Would the position change if there is a
Q&A

This Q&A considers whether a lease is valid if there is a missing signature.

Is a new subsequent re-mortgage of freehold property caught by a ‘disposition’ in a registered
Is a new subsequent re-mortgage of freehold property caught by a ‘disposition’ in a registered
Q&A

This Q&A considers whether or not a re-mortgage will be considered as a ‘disposition’ of land, and in particular, the position in respect of any other restrictions on the register.

Is there a deadline by which an Agriculture Holdings Act 1986 tenant must file notice to contest the
Is there a deadline by which an Agriculture Holdings Act 1986 tenant must file notice to contest the
Q&A

This Q&A considers the time limit for a tenant to challenge a landlord’s notice to quit an Agricultural Holdings Act 1986 tenancy served under Case B.

Is there a rule or decided case which establishes that witness statements cannot introduce facts to prove
Is there a rule or decided case which establishes that witness statements cannot introduce facts to prove
Q&A

This Q&A considers whether there is a rule or decided case which establishes that witness statements cannot introduce facts to prove matters that are not particularised in the statement of case.

Is there a time limit for when the tenant can apply for determination of their claim to enfranchise a
Is there a time limit for when the tenant can apply for determination of their claim to enfranchise a
Q&A

This Q&A considers a tenant's claim to purchase a freehold house under the Leasehold Reform Act 1967, and in particular any time limit for applying for determination of their claim where the landlord has not served a response. It also considers whether there is an impact on the proposed premium.

Is there any authority on whether the probation service can be sued for failing to safeguard a child at
Is there any authority on whether the probation service can be sued for failing to safeguard a child at
Q&A

This Q&A considers the circumstances in which a public authority can be held accountable for an omission.

Is there any guidance on the interpretation of regulation 14(3) of the Regulatory Reform (Fire Safety)
Is there any guidance on the interpretation of regulation 14(3) of the Regulatory Reform (Fire Safety)
Q&A

This Q&A considers guidance on the interpretation of regulation 14(3) of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541.

My client granted a lease for a term of 20 years, within the protection of the Landlord and Tenant Act
My client granted a lease for a term of 20 years, within the protection of the Landlord and Tenant Act
Q&A

This Q&A considers the circumstances in which a landlord can serve a Schedule of Dilapidations on a tenant who, while having served a section 26 notice, has subsequently vacated the property.

On surrender of a lease on behalf of a tenant, it is agreed the tenant is not responsible for any
On surrender of a lease on behalf of a tenant, it is agreed the tenant is not responsible for any
Q&A

This Q&A considers whether a 'yield up' clause puts specific responsibilities on the tenant for how they should return the property to the landlord.

Once a valid section 13 notice has been served on the freeholder, who duly served a counternotice, what
Once a valid section 13 notice has been served on the freeholder, who duly served a counternotice, what
Q&A

This Q&A considers the timeframe for the collective enfranchisement procedure pursuant to LRHUDA 1993, s 13. In particular, it considers the timing of an application to the First-tier Tribunal (Property Chamber) to avoid the initial notice being deemed withdrawn.

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