Disputes and remedies

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Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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30th Oct
Practice notes
The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...
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29th Oct
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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12th Oct
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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12th Oct
Practice notes
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...
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9th Oct
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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2nd Oct
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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30th Sep
Practice notes
STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...
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25th Sep
Practice notes
This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
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25th Sep
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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25th Sep
Practice notes
Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...
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25th Sep
Practice notes
This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....
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25th Sep

Most recent Disputes and remedies content

Practice notes
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
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25th Sep
Practice notes
This Practice Note is relevant if you are seeking to preserve the status quo and prevent (or be given notice of an intended) disposition of securities...
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25th Sep
Practice notes
This Practice Note considers the procedure in relation to obtaining charging orders pursuant to the revised CPR 73 and CPR PD 73 in effect as from 6...
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25th Sep
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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25th Sep
Practice notes
Charging orders can be sought over land or securities of the judgment debtor—see Practice Note: Charging orders—what are they and when to use them—CPR...
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25th Sep
Practice notes
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It sets out the procedure in force prior to 6 April 2016 for obtaining a charging order,...
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25th Sep
Practice notes
Estate agentsEstate Agents Act 1979The statutory definition of 'estate agency work' means that:•a person is regulated as an 'estate agent' under the...
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25th Sep
Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
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25th Sep
Practice notes
This Practice Note considers how to apply to vary or discharge a charging order pursuant to CPR 73.10B in force as of 6 April 2016.How do the 6 April...
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25th Sep
Practice notes
This Practice Note considers the effect of tax considerations when a court decides how much to award a claimant as damages for a financial loss.The...
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25th Sep
Practice notes
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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25th Sep
Practice notes
For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient...
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Produced in partnership with Stephenson Harwood 25th Sep
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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25th Sep
Practice notes
This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought...
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25th Sep
Practice notes
This Practice Note explains the distinction between the County Court and the High Court in relation to claims brought under the Trusts of Land and...
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25th Sep
Practice notes
Pre-action protocolThere is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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25th Sep
Practice notes
This Practice Note sets out how to apply for a charging order pursuant to CPR 73 and CPR PD 73.It sets out how to make an application, in terms...
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25th Sep
Practice notes
Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...
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25th Sep
Practice notes
What is a Part 36 offer?A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part or issue thereof) or an...
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25th Sep
Practice notes
An order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both parties and the other remains...
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25th Sep

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