The following Private Client Q&A provides comprehensive and up to date legal information covering:
Practice Note: Severance of a joint tenancy sets out the various ways in which severance can occur (including severance by statutory written notice under the Law of Property Act 1925, s 36(3) (LPA 1925) and severance by agreement or conduct), who can sever and what the effect of severance.
The most common way is to serve written notice from one of the joint tenants, detailing its intention to sever the tenancy with immediate effect. This ca
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What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
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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