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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...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves substantial interference with the claimant’s ordinary enjoyment of their land, often by noise or smell, or by encroachment or actual physical damage to
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
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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