Disputes and remedies

Disputes and remedies guidance:

Private nuisance—what situations can give rise to a claim? Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise...

Practice Note

Private nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. That interference must be unreasonable...

Practice Note

Nuisance claims are recognised in the following way: • private nuisance—interference with the use/enjoyment of land causing injury • public nuisance—an unlawful...

Practice Note

This Practice Note sets out the circumstances in which a charging order over property may be obtained under the Charging Orders Act 1979 (COA 1979) and CPR 73, the...

Practice Note

This Practice Note identifies some of the potential difficulties you may encounter when applying for an order for sale to enforce a charging order which has been obtained...

Practice Note

Part 36 precedents You may need to consider the validity of an offer in relation to advising clients about Part 36 offers generally, or drafting a Part 36 offer. If so,...

Practice Note

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional provisions, see...

Practice Note

Produced in partnership with Leigh Callaway of Fladgate LLP Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...

Precedents

1 All applications The particulars to be included with an application are: 1.1 the name and address of the applicant 1.2 the name and address of the respondent 1.3 the...

Precedents

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY. It considers charging orders under the regime in force prior to 6 April 2016, including what charging orders...

Practice Note

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.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, both on an interim and...

Practice Note

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

Practice Note

[IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]] [Specify division] [Specify specialist court] [Insert...

Precedents

Private nuisance Private nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or of some right over...

Practice Note

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential tenancies in England...

Practice Note

The Consumer Rights Act 2015 (CRA 2015) has implications for property lawyers in relation to: • the duty of letting agents to publicise their fees, and • the introduction...

Practice Note

This Practice Note considers proprietary estoppel from a generic standpoint. For industry specific guidance on proprietary estoppel, see Practice Notes: • Estoppel and...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Practice Note

Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is available...

Practice Note

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note: Rectification—mutual mistake....

Practice Note

A charging order over land must be protected by registration at every stage of the process of obtaining the order to secure the priority of the order over competing...

Practice Note

Estate agents Estate Agents Act 1979 The statutory definition of 'estate agency work' means that: • a person is regulated as an 'estate agent' under the Estate Agents Act...

Practice Note

Repudiation of a contract occurs where one party communicates to the other (through words or conduct) that they no longer intend to be bound by it, usually by committing...

Practice Note

The term rescission is used to describe two very different remedies: • rescission ab initio, and • rescission for breach (or more accurately discharge by breach)...

Practice Note

Rescission can either mean a contract is discharged by breach, or that a contract is treated as if it never existed—known as rescission ab initio. This Practice Note...

Practice Note