The following Property Q&A provides comprehensive and up to date legal information covering:
For an article that discusses the risks of indemnity insurance as a solution to a breach of covenant issue, see Property/Insurance: Double Jeopardy? (160 NLJ 828).
There is useful commentary on insurance cover in respect of restrictive covenants for both existing breaches and proposed breaches in Encyclopaedia of Forms & Precedents: 501 Introduction.
For a precedent that is intended to be used as a checklist for those seeking defective title cover from insurers, see Encyclopa
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
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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