The following Property Q&A Produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
The regulation of asbestos in commercial buildings is contained with the Control of Asbestos Regulations 2012, SI 2012/632 (the Regulations) which came into effect in April 2012. It is best practice to read the Regulations, SI 2012/632, in conjunction with the Approved Code of Practice (ACoP) published by the health and safety executive (HSE).
To manage the risks from asbestos in non-domestic premises, a duty holder is required to carry out a ‘suitable and sufficient’ assessment to determine whether asbestos or asbestos-containing material is, or is liable to be present in the premises (the Regulations, SI 2012/632, reg 4(3)). This will include the duty to:
determine whether asbestos is present in a building or is likely to be present
manage any asbestos that is or is likely to be present
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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