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Charging of part of land often presents an issue for funders. The central concern is whether, on enforcement, the funder would be able to sell off part of the land itself with all necessary easements. It is not possible where land is in common ownership to create any relevant easements in advance. This is because two of the essential characteristics of an easement are that there must be a dominant and servient tenement, and the dominant and servient owners must be different people, see Practice Note: Easements—nature and characteristics.
Where easements are required for the benefit of a part of land to be charged, some funders will accept a draft transfer or easement
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The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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