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Precedents
To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...
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19th May
Q&As
The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May
Precedents
To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
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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19th May
Precedents
To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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19th May
Precedents
1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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19th May
Q&As
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...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
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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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May
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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19th May

Most recent Tort content

Q&As
Where the boundary fence between two commercial industrial units has been damaged by the adjoining owner resulting in the fence being a health and...
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1st Aug
Q&As
Can a security light shining onto someone's private land be classed as a private nuisance?This response considers the principles of private nuisance,...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Q&As
Is there a defence to a potential nuisance claim if the nuisance is necessary in order to comply with a statutory duty?We have assumed for the...
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1st Aug
Q&As
Is there any caselaw demonstrating the court’s assessment of damages for misrepresentation where a vendor of a property has misrepresented the...
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Produced in partnership with Kate Andrews of Hamlins 1st Aug
Q&As
Can a landowner whose field is flooded by water escaping from a neighbour's broken pipes bring a claim in nuisance, despite the Transco case stating...
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1st Aug
Q&As
What authority determines and regulates the liability of a local authority in negligence where they have given incorrect replies to enquiries raised...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 31st Jul
Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 31st Jul
Practice notes
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—interference with the...
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31st Jul
Practice notes
Negligence—when does a duty of care arise?This Practice Note considers one of the first questions to ask when faced with a prospective claim in...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading 31st Jul
Practice notes
Private nuisance—general principlesPrivate nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a...
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31st Jul
Practice notes
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
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Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 31st Jul
Practice notes
Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading 31st Jul
Practice notes
Bringing a professional negligence claim based on the duty in contract, tort and equityHaving established the existence of a ‘professional’ who may...
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30th Jul
Practice notes
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading 30th Jul
Practice notes
Damages in tort claims—recovery and assessmentThis Practice Note considers what damages may be available as remedy for claims in tort, including...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 30th Jul
Practice notes
Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...
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30th Jul

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