The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
A creditor ‘enforces’ a final charging order, by seeking an order for sale based on a final charging order. An order for sale cannot be obtained in respect of an interim charging order.
As set out in our Practice Note: Charging orders, a charging order is an indirect method of enforcement, ie it is a means of obtaining security in respect of a judgment debt—the charging order itself does not satisfy the judgment debt (it is a precursor to satisfying it). It is a two stage process whereby an interim order is first sought. An interim charging order gives notice that the judgment creditor has charged the debtor’s property to secure the judgment debt. Nothing more can happen unless and until a final charging or
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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