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Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Precedents
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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9th Nov
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov

Most recent Disputes and remedies content

Practice notes
A guide to the Arbitration Act 1996 (AA 1996)For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern...
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Produced in partnership with Stephenson Harwood 16th May
Practice notes
AA 1996—court powers in support of arbitration—an introductionThis Practice Note provides an introduction to the powers the courts of England and...
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Produced in partnership with Simmons & Simmons 16th May
Practice notes
Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...
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Produced in partnership with Simmons & Simmons 16th May
Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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15th May
Practice notes
Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...
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15th May
Practice notes
Establishing a beneficial interest (sole ownership)Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of...
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15th May
Practice notes
Obtaining a charging order over landThis Practice Note sets out the circumstances in which a charging order over property may be obtained under the...
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15th May
Practice notes
TOLATA 1996—Part 36 offersWhat is a Part 36 offer?A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part...
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15th May
Practice notes
Eligibility to apply under TOLATA 1996Cohabitants do not have the same rights to make property claims as married couples or civil partners, and...
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15th May
Practice notes
TOLATA 1996—procedureCoronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the...
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15th May
Practice notes
TOLATA 1996—when to issue in the County Court and when to issue in the High CourtThis Practice Note explains the distinction between the County Court...
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15th May
Practice notes
TOLATA 1996—when to use Part 7 and when to use Part 8This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules...
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15th May
Practice notes
TOLATA 1996—occupation rentAn order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both...
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15th May
Practice notes
TOLATA 1996—pre-action mattersPre-action protocolThere is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment...
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15th May
Practice notes
What is the effect of interim charging orders?This Practice Note considers the effect of the court making an interim charging order pursuant to the...
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15th May
Practice notes
Cost orders—the general rule and the court's discretionThis Practice Note looks at the discretion of judges to make costs orders (CPR 44 and its...
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15th May
Practice notes
Limitation—professional negligence claimsThis Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains...
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15th May
Practice notes
Where to start the claimHigh Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of...
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15th May
Practice notes
Summary judgment applications—what, who and whenCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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15th May
Practice notes
Charging orders—hearing to determine whether to make an interim charging order finalThis Practice Note considers the procedure in relation to...
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15th May

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