St Philips Chambers

This Practice Note, produced in partnership with Ali Tabari and Alex Bradford of St Philips Chambers, considers the overall effect of an individual voluntary arrangement (IVA), including the effect on unsecured creditors, secured creditors, proceedings against the debtor, third parties and completion and default.

This Practice Note outlines the definition and scope of judicial review, what it is and when it is available. It provides introductory guidance to judicial review claims. It considers key preliminary and pre-action issues, such as who and what can be challenged and by whom, the grounds for bringing a claim in judicial review, the remedies that can be sought and when judicial review should and should not be used.

This Q&A considers whether a tenant basing his truck at a rental property and waiting in the property during business hours waiting on phone calls to rescue broken down drivers be considered business or non residential use when an AST of six months has been granted that contains a clause that says the tenant can only occupy for residential use and purposes only.

This Q&A considers how to bring a very ancient secure/assured tenancy to an end in the absence of a written tenancy document.

This Q&A considers what happens where a claim and counterclaim are both struck out due to the claimant’s default, as to whether the defendant can ‘resurrect’ its counterclaim by issuing it as a new claim.

This Q&A considers the approach to consider when deciding whether to use ‘will’, ‘shall’ or ‘must’ when drafting obligations. It does not take account of any industry specific accepted norms and/or legislative requirements.

This Q&A considers the options available to a third party where they wish to object to the making of a final charging order.