The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:
Form No 6A was introduced by the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations, SI 2015/1646. It only applies to assured shorthold tenancies (ASTs) in England granted on or after 1 October 2015 (but not to ASTs that come into being under section 5(2) of the Housing Act 1988 (HA 1988) on or after 1 October 2015 on the coming to an end of an AST that was granted before that date). Accordingly, there is no requirement to use it for the AST of a dwelling house in Wales.
Form No 6A is designed for use only in England and in the preamble to the numbered paragraphs, as well as the numbered paragraphs, it contains instructions to the landlo
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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