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Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
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
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
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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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
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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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
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
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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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Key developments and horizon scanning content

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. Full...
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16th Jan
Practice notes
Execution of deedsMost deeds entered into in the course of a property transaction will require substantive registration or the making of entries on...
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15th Jan
Practice notes
The impact of Coronavirus (COVID-19) measures on national and local planning services could cause delay in respect of planning applications, publicity...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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15th Jan
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...
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15th Jan
Practice notes
This Practice Note covers by and upon which party the break notice must be served, the method of service of a break notice (ie permissive or mandatory...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Practice notes
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,...
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15th Jan
Practice notes
This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Practice notes
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....
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Practice notes
Buyer’s right to returnA buyer’s right to the return of their deposit is a legal right arising out of breach of contract by the seller.The fact that...
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15th Jan
Practice notes
Commercial lawyers will regularly come across situations where third parties are executing documents as an attorney on behalf of another person and...
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15th Jan
Practice notes
Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2020 archive•Property key future...
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14th Jan
Practice notes
This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...
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12th Jan
Practice notes
BackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some...
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12th Jan
Practice notes
Appeal casesWhat happened?When?Find out moreAgreements for lease —whether personalBella Italia Restaurants Ltd v Stane Park Ltd [2019] EWHC 2747 (Ch),...
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12th Jan
Q&As
On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986). Section...
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11th Jan

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