The following Property practice note provides comprehensive and up to date legal information covering:
At any point in the economic cycle landlords will want to protect themselves against tenant default, particularly in the case of potentially high risk tenants such as a recently incorporated small company or an insignificant subsidiary, or where the cost of enforcement is likely to be high as in the case of a foreign corporation. In times of recession (or credit crunch) the need for protection is a factor in every letting.
Landlords frequently seek a covenant from the guarantor as principal debtor or primary obligor so that the guarantor’s liability is direct and not merely secondary to that of the tenant. The extent of the guarantor's liability is a question of construction of the contract of guarantee, but it can never exceed the liability of the principal debtor. It is unlikely that a covenant given in those terms will displace the essential nature of the guarantor’s liability, which is secondary to and generally co-extensive with that of the tenant. The general law of guarantees continues to apply and so landlords must ensure that guarantee clauses contain protective wording to avoid release of the guarantor in certain well-known circumstances. They include:
giving time—if a landlord 'gives time' to the tenant in a binding manner, this will (unless there is suitable protective wording) release the guarantor. To avoid this the guarantee should be
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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
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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.You should also consider if the proceedings will be
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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