Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...
Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...
Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...
Contractual damages—general principlesThis Practice Note considers the general principles of recovering damages for contractual breach, starting with...
Ending a contract by agreementA contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...
Proprietary remedies following rescission and rectificationThis Practice Note considers the availability of proprietary remedies following rescission...
If the description in the lease of the demise of a flat is inconsistent with the lease plan, which description prevails?A lease must be in respect of...
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...
Contract interpretation—the guiding principlesKey questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are...
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