The following Property Disputes practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For information in respect of the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court order, anti-avoidance provisions as to assigning, sharing and upgrading, and how consideration and any compensation is determined, see Practice Note: New Electronic Communications Code—Code rights.
The new Electronic Communications Code (the ‘new Code’) is governed by and set out in sections 106–119 and the new Schedule 3A Pt 1 of the Communications Act 2003 (CA 2003), which was inserted by section 4 and Schedule 1 of the Digital Economy Act 2017 (DEA 2017). The new Code, which came into force on 28 December 2017, replaces the previous Electronic Communications Code, set out in Schedule 2 of the Telecommunications Act 1984 (TA 1984) (the ‘previous Code’).
The new Code provides important clarification, by way of express provision under the Code and an amendment to the Landlord and Tenant Act 1954 (LTA 1954), that where the primary purpose of a lease granted after the new Code came into force is to grant Code rights, the security of tenure provisions of the LTA 1954 will not apply (see: New Electronic Communications Code—terminating and modifying Code rights—Does
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
NOTE: This Practice Note is being reviewed in light of the changes to CPR 81 that will be introduced by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, which is available here. The changes to CPR 81 involve a substitution of the entirety of CPR 81, which will be renamed ‘Part 81
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