The following Property practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID–19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications for property.
This Practice Note is a new starter guide which sets out the key considerations, terms, and stages of the grant of a new business lease. This new starter guide provides an introduction and toolkit for entering into commercial leases and is a helpful starting point for trainee solicitors and those who are new to Property as a practice area. It focuses on the key issues that arise and includes links to other LexisNexis® sources and materials which provide more comprehensive information on the issues covered.
Where something is not covered in this guide, use the Topics tab or Topics dropdown menu to browse further practice area content.
A commercial lease generally refers to a written agreement which not only creates a tenancy of business premises, but also sets out the often detailed and extensive provisions which will govern the relationship between the landlord and the tenant.
This Practice Note outlines some of the issues to be considered when advising on a new commercial lease for a fixed term of a reasonable length where the tenant will be assuming a significant level of responsibility for the premises.
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.What is a Part 8 claim?A Part 8 claim is a claim
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
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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