An introductory tenancy can only be terminated by obtaining a court order for possession. This Practice Note covers service of the Notice of Proceedings for Possession, the right to review and the effect of the proceedings on the tenancy.
This Practice Note explores the time limits for judicial review. In particular, it looks at the circumstances in which the Administrative Court has agreed to hearing cases that are out of time, allowing applications for extensions and the circumstances for urgent judicial review cases.
This Practice Note provides information on the various offences that can be committed by a firm or individual during the course of an investigation by the Financial Conduct Authority (FCA). This includes failure to comply with a document or information requirement; destroying, falsifying or concealing documents; providing information which is known to be false or misleading; or obstructing a search warrant.
This Practice Note looks at the issues that practitioners should consider if a party to a personal injury claim has been made bankrupt or insolvent. With some limited exceptions, a personal injury claim cannot be made by or against a bankrupt or insolvent party without the agreement of the trustee in bankruptcy, the administrator or the court. Practical guidance is provided on what bankruptcy and insolvency involves and the potentially significant implications for a personal injury claim. It also provides tips on how to identify an insolvent party.
This Practice Note, produced in partnership with Katrina Mather of Hardwicke Chambers, considers the striking off of a company from the register of companies and how to deal with this in the context of a receivership sale of a property owned by a company that has been struck off and dissolved.
This Practice Note explains alternatives to residential care in circumstances where an adult is developing care and support needs covered by the Care Act 2014 (CA 2014). It focuses on the principles in CA 2014 which centre around facilitating independent living where possible and signposts alternative sources of accommodation.
This Practice Note explains how the level of rent a tenant pays is calculated and determined for both public and private tenancies under assured, assured shorthold or Rent Act. Also covered is the process for increasing rent, the appeals process and registering rent under a Rent Act tenancy, and issues of challenging an assured or assured shorthold rent.
This Practice Note discusses the requirement for a claimant to establish that the defendant’s breach of duty has, in fact, caused him harm (the requirement of factual causation). It includes consideration of the ‘but for’ test, special cases (including those relevant to single and multiple tortfeasors) and recovery for loss of a chance.
This Practice Note discusses the requirement for a claimant to establish that the defendant’s breach of duty has caused them harm and that such harm should, as a matter of law, be recoverable from the defendant. It includes consideration of the concepts of effective cause of damage and remoteness of damage.
This Practice Note explains what unlawful eviction is, how and when it may arise from a civil and criminal perspective, the civil remedies available and potential consequential causes of action, in particular a breach of a tenant’s right to quiet enjoyment.
This Practice Note outlines the concept of tort claims, the differences between tort and contract claims and the distinctions between the protection of personal and proprietal interests.
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