Personal insolvency

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Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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19th May
Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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19th May
Precedents
Date [insert date of deed]Parties1[Insert name] of [insert address] (Landlord)2[Insert name] of [insert address] (Tenant)3[Insert name] of [insert...
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19th May
Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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19th May
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th May
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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19th May
Practice notes
What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...
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19th May
Practice notes
Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...
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19th May
Practice notes
Law Society practice notes clarify the Law Society's position on good practice in relation to particular issues and areas of law but are not intended...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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19th May
Practice notes
The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...
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19th May
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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19th May

Most recent Personal insolvency content

Practice notes
Escheat, bona vacantia and disclaimer by the CrownEscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a...
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22nd Jul
Practice notes
Voluntary arrangement of general partnershipsIn addition to the better-known company voluntary arrangements (CVAs) and individual voluntary...
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Produced in partnership with Phillip Patterson of Gatehouse Chambers 20th Jul
Practice notes
How long does the individual voluntary arrangement last and what happens if it fails?Duration of an individual voluntary arrangementAn individual...
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Produced in partnership with Paul Allen of FRP 15th Jul
Practice notes
Effect of the debtor's death on an insolvency processWhat happens when a debtor dies?A person may die insolvent. Their estate will be insolvent where...
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Produced in partnership with David Nicholls of Landmark Chambers 15th Jul
Practice notes
Debt relief orders (DROs)What is a DRO?DROs are 'a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt.'A DRO...
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Produced in partnership with Simon Passfield of Guildhall Chambers 15th Jul
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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9th Jul
Q&As
Would the position be different if the property were jointly owned by the bankrupt and his wife (the latter of which is not subject to any bankruptcy...
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6th Jun
Q&As
Q&A—Re-vesting of a dwelling-house following bankruptcyQMy client (an individual) is a bankrupt—is he entitled to have his disclaimed property...
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6th Jun
Q&As
Where a tenant has served a section 26 request for a new tenancy under the Landlord and Tenant Act 1954, what is the effect of the tenant entering...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Where a bankrupt’s home is being sold with the bankrupts agreement without an order for sale and the bankrupt is the registered owner, does the...
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5th Jun
Q&As
When does the 18 days period run from to make an application to set aside a statutory demand and does this period include only business days?A...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Does a mortgagee exercising its power of sale under section 101 of the LPA 1925 need to produce the original executed mortgage deed?Mortgagee's power...
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5th Jun

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