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Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and

Does the doctrine of satisfaction apply to gifts made out of income as well as gifts made from capital?

Does the doctrine of satisfaction apply to gifts made out of income as well as gifts made from capital?

In this Q&A, we have made a presumption against double portions, so that where the presumption applies, the doctrine of ademption applies on the

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Q&As

If an individual signs a deed when not a director of a limited company, and then subsequently becomes a director of that company, does the initial signature bind the company to the deed? If not, how should the deed be reaffirmed?

Documents executed as deeds must be expressed as being executed by the company. A document will be deemed to be executed as a deed if it is duly...
15th Feb
Q&As

How can a third party enforce rights under a deed to which it is not a party?

Privity of contract'Privity of contract' is a common law doctrine, which provides that you cannot either:•enforce the benefit of, or•be liable for any...
15th Feb
Q&As

Where a contract says time is of the utmost importance—is that construed as being of the essence?

Where a contract states that ‘time is of the essence’ in respect of the performance of an obligation stipulated in the contract, it means that there...
15th Feb
Q&As

How may a witnessed deed be altered or amended after execution but before delivery?

Deeds must be delivered in order to take effect. Under common law, a deed is delivered when a party makes his intention to be bound clear. See...
15th Feb
Q&As

If goods are sold online via a website, should the website contain terms and conditions? If so, where should terms and conditions for sale of goods via a website be displayed on a website?

Websites and emails are now used extensively to conduct business. Legislation in both the EU and the UK seeks to ensure a technologically neutral...
15th Feb
Q&As

Is a contract validly executed by counterpart where each party has signed next to the other party’s execution block?

In answering this Q&A, we have limited our research to cover only the issue of enforceability arising from signature and assume all arrangements...
15th Feb
Q&As

What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?

There are various methods by which a document such as an agreement which is being varied may be incorporated into or annexed to a deed of variation....
15th Feb
Q&As

My company needs to enter into a document as a deed but everyone is working from home. Is it possible to execute a deed by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
15th Feb
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Q&As

Can an authorised signatory execute a deed on behalf of a director of a company or would this result in the deed being invalidly executed?

In answering this Q&A, research has been limited to cover execution as a deed on behalf of a company and does not relate to a deed being executed by...
15th Feb
Q&As

Can a party to a deed take the benefit of it without executing it?

For details on formalities for the formation of deeds, see Practice Note: Executing documents—deeds and simple contracts.Generally, a failure to...
15th Feb
Q&As

Does a company’s power of attorney delegating general powers to an individual enable that individual to execute a deed on behalf of the company?

A power of attorney is a document by which one legal person gives another legal person the power to act on their behalf and in their name. It is a...
15th Feb
Q&As

Where a power of attorney is granted under contract, is it necessary for both the grantor and the grantee to execute that contract as a deed?

In answering this Q&A, we have limited our research to cover the granting of a general power of attorney under Powers of Attorney Act 1971 (PAA 1971)...
15th Feb
Q&As

If I can’t meet the people I am contracting with to sign a contract, how do I execute a contract by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
15th Feb
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Q&As

Can a poor-quality signed copy document be re-executed by the parties and backdated as signed at the original date of signature?

Ensuring that a written contract contains the correct information is important as it affects the rights and obligations of the parties. However,...
15th Feb
Q&As

Can a corporate secretary execute a deed on behalf of a company on its own where its signature is witnessed?

Under section 44 of the Companies Act 2006 (CA 2006), companies can execute deeds in their own name and in their own right by way of:•fixation of the...
15th Feb
Q&As

If a company is signing multiple copies of an original deed in front of a witness, must the same witness witness all the signatures or is it acceptable to have different witnesses for different versions of the documents which are all signed by the same signatory?

There are few limitations as to who can act as a witness to the signature of another person on a document. In a situation where multiple copies of an...
15th Feb
Q&As

Can a solicitor witness their clients' signature on a statutory declaration? Can a solicitor witness their clients' signature on a change of name deed/document which the solicitor prepared?

Statutory declarationsA statutory declaration is a solemn verification of fact made otherwise than for judicial proceedings (section 7 of the...
15th Feb
Q&As

Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a company acting by its officers, do their signatures need to be witnessed?

There is no specific requirement, eg under section 203 of the Employment Rights Act 1996 for a settlement agreement to be entered into as a deed. For...
15th Feb
Q&As

In the context of contracting authority, can a third party enforce a contract against the members of a charitable unincorporated association, or the trustees of a charitable trust, where the contract was entered into by a trustee/committee of management/other agents beyond the scope of their actual authority (ie the express or implied authority conferred in the charity’s governing document) if the members or trustees have held out the person(s) as being authorised to do so (ie apparent authority)? Can the members or trustees subsequently ratify the particular transaction?

This Q&A deals with two issues in the context of contracting authority where a contract has been entered into by a trustee or trustees of a charitable...
15th Feb
Q&As

Is there a requirement for a contract governed by English law to be written in the English language? Where a contract is written in another language, would any amendments made to the contract need to be in the same language?

This Q&A refers to a business-to-business contract which is not subject to any specific industry or sector regulation. There may be further...
15th Feb

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