The following Property Disputes practice note provides comprehensive and up to date legal information covering:
This Practice Note explains the remedies available to a tenant who has applied for consent to alter in circumstances where consent is not to be unreasonably withheld, and the landlord has unreasonably refused the request. For an explanation of the circumstances in which a landlord must not unreasonably withhold consent, and what constitutes an unreasonable refusal, see Practice Note: Landlord’s consent to alterations.
Where consent has been unreasonably withheld, a tenant is entitled to proceed without it. The requirement for consent no longer applies.
For practical purposes, this is very unsatisfactory for a tenant. It may be unce
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The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with the Criminal Practice Directions.The
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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
The procedure for making an application to stay proceedings due to abuse of process is governed by the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, r 3.20. For more information, see Practice Note: Abuse of process procedure.Staying a prosecution for abuse of processThe principle of abuse of
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