The following Commercial Q&A provides comprehensive and up to date legal information covering:
For details on formalities for the formation of deeds, see Practice Note: Executing documents—deeds and simple contracts.
Generally, a failure to comply with the formalities for the formation of a valid deed will mean that the document cannot take effect as a deed. However, there may be circumstances where a ‘party’ to a deed is only party for the purpose of receiving a benefit under it, and the formalities for the deed are present regardless of whether that individual party has executed the deed. In such circumstances, provided the formalities for the deed are in place, then that ‘party’ can take the benefit of it.
It may also be possible for
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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