Master the tactical complexities of protecting creditor interests when property is pledged as security. Stay informed on the essential procedural steps and judicial precedents that can influence the enforcement process, ensuring you navigate the challenges adeptly. This topic also covers property insolvency, offering practical insights on handling the various stages of insolvency proceedings, prioritising creditor claims, and managing distressed assets with expert precision.
The Master of the Rolls and the Minister of State for Justice have signed the 195th Practice Direction (PD) Update, which broadens the scope of the...
The Ministry of Housing, Communities and Local Government (MHCLG) has published a policy paper setting out how it will collect and use data to monitor...
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision regarding the status of unexercised options to renew...
The Ministry of Housing, Communities and Local Government (MHCLG) has announced the introduction of a Neighbourhood Guarantee establishing minimum...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Steps to take when landlord becomes insolvent—checklistThis Checklist sets out the points that a tenant should consider if its landlord becomes insolvent. A tenant must continue to fulfil its obligations under the lease, but should also contact the insolvency practitioner immediately as a tenant
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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