The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
A statutory declaration is a formal statement complying with the formalities prescribed by the Statutory Declarations Act 1835 which affirms the truth of a matter to the best of the knowledge and belief of the declarer. An independent commissioner for oaths is required to attest to the signature of the declaration.
Statutory declarations are used as formal evidence in numerous situations. Commonly they are used to demonstrate a certain factual circumstance, such as the use to which a property has been put by a previous owner, so that an application for a certificate of lawful use of premises, or for retrospective planning permission can be made. Given that the vendor may after the sale no longer be willing to assist in terms of evidence, or ma
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
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
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