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Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Insurance content

Precedents
We have reached a stage in your matter where we believe it would be in your best interests to buy [insert type of insurance]. We have suggested you...
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21st Jan
Practice notes
STOP PRESS: The decision of The Financial Conduct Authority v Arch Insurance and others, [2021] UKSC 1 was handed down on 15 January 2021. See:...
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20th Jan
Practice notes
As a general rule, law firms are not permitted to engage directly in insurance distribution activities, unless they are licensed by the FCA. This...
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19th Jan
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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Produced in partnership with Argyll Environmental Ltd 15th Jan
Practice notes
When does risk pass to the buyer?The fundamental principle which most contracts invariably follow is that risk passes to the buyer on exchange of...
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15th Jan
Practice notes
The Riot Compensation Act 2016 (RCA 2016) creates a new scheme in England and Wales to allow compensation to be claimed for property damaged,...
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15th Jan
Practice notes
Tenants frequently carry out fit-out works at (or often prior to) the start of a lease and may also carry out refurbishment or further fit-out works...
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15th Jan
Practice notes
Even if a specialist subcontractor is not providing any significant degree of design input in relation to its particular element of the developer’s...
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15th Jan
Practice notes
Insuring the developer’s worksAs between the developer and the tenant, the developer should covenant:•to ensure that the developer’s works are insured...
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15th Jan
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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15th Jan
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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15th Jan
Practice notes
If there is no express provision on insurance in the agreement for lease then, under open contract:•neither party is obliged to insure the property,...
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15th Jan
Practice notes
Level of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant where the landlord’s obligation...
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15th Jan
Practice notes
In some respects, the only real value in any contractual duty under an appointment or obligation under a warranty'>collateral warranty lies in the...
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15th Jan
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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15th Jan
Practice notes
In most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it estimates it will take to...
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15th Jan
Practice notes
This Practice Note discusses a tenant’s considerations when negotiating insurance provisions in a rack rent commercial lease. It identifies key...
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15th Jan
Practice notes
Usually a lease provides that in the event of damage or destruction, such that the tenant is unable to occupy or trade from the property or access it,...
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15th Jan
Practice notes
The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...
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15th Jan
Practice notes
Inadequate insurance or service charge provisionsA landlord of a flat lease may covenant to insure or provide other services 'subject to and...
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15th Jan

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