It is often the case that the obligations of the relevant Highways Authority (usually the local authority) to maintain a highway or path involve interaction with a neighbouring private landowner. There are a number of possible statutory remedies that apply throughout the UK contained in the Highways Act 1980 (HiA 1980). For example, if there is an unfenced or inadequately fenced source of danger on land adjoining a street, by HiA 1980, s 15 the local authority may

It is important to note that a charitable trust that is not registered with the Charity Commission may still be regulated by the latter if it is an exempt or excepted charity—see Practice Note: Charity registration with the Charity Commission. The comments below assume that the trust is not an exempt or excepted charity. The manner in which the trust is terminated will depend on whether the deed created a valid trust. Although the Charity Commission has rejected an application to register the trust, that is not conclusive

It is noted that the trust was established prior to 22 March 2006. For information on the IHT taxation of trusts before and after 22 March 2006, see Practice Note: Finance Act 2006 changes to trust taxation [Archived]. The IHT treatment of a variation of the interests of A and A's siblings (together, the life tenants) will differ, depending on whether their interests constitute qualifying interests in possession, or interests subject to

We are not aware of any special requirements as to the documentation of the ownership interests of multiple owners of a mobile home. A declaration of trust would be an appropriate method of documenting matters that are not included in the mobile home agreement itself,

Gift with reservation of benefit The gift with reservation of benefit (GWR) rules under the inheritance tax (IHT) regime will apply if the subject of the gift from A to B in 1993 was the property in question. See Practice Note: IHT—gifts with reservation of benefit. The GWR provisions apply where an individual disposes of any property by way of gift (be it to another individual or into trust) and either: • possession and enjoyment of the property is not bona fide assumed

In this scenario, land (in the form of a garage) has been wrongly transferred together with other land comprising an apartment block to a third party who is now landlord to the long leaseholders in the apartment block. It is now proposed that the landlord transfers the garage to the original intended owner. Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that a landlord may not make a relevant disposal affecting any premises

Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. Common or mutual mistake arises where: • all parties executed a document that purported to record a prior transaction • the prior transaction consisted of either a concluded agreement or a common intention (which must have been demonstrated) continuing up to the time of execution of the document • there must be evidence of some antecedent outward expression of accord between the parties • the document, as

Practice Note: Regulated mortgage contracts and home finance transactions defined notes the definition of a regulated sale and rent back agreement (SRBA): • a regulated SRBA is defined in Article 63J of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544 and, broadly speaking, is an arrangement under which, at the time it is entered into, a person (the agreement provider) buys all or part of an interest in land (other than time share accommodation) in the UK from a homeowner (being an individual or a trustee whose beneficiary is an individual) (the agreement seller) on the basis that the individual or a related person is entitled

Stamp duty land tax (SDLT) applies to chargeable land transactions. Subject to some exceptions, the amount of SDLT payable is generally based on the chargeable consideration for the land transaction, which includes money and money’s worth and also other means by which value is given. The SDLT charge is calculated by reference to the market value of the land in certain circumstances but these do not apply where the purchaser is an individual.

No, the tenant must wait until being the registered proprietor of the lease to be able to be a participating tenant who can give a section 13 notice under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It is only on registration that the tenant becomes the legal owner of the lease—section

Arbitration Analysis: The Singapore High Court has, for the first time, set out clear guidance in a binding decision on how to determine the valuation date for damages in cryptocurrency disputes. In World Exchange Services, the court confirmed that losses should be valued at the point when a claimant could reasonably have been expected to take steps to reduce those losses. Depending on the circumstances, this may be the breach date or a reasonable period afterward. This provides welcome clarity for both platform operators and users, especially as disputes involving digital assets continue to grow. The decision also highlights how platform communications during service disruptions are important and can influence when users are expected to act to protect their interests. Written by Daniel Chia and Charlene Wee of Herbert Smith Freehills Kramer Prolegis.

Construction analysis: The Employer’s power to instruct, under the Joint Contracts Tribunals (JCT) forms of contract, is often taken for granted. However, there may be more to this subject than first appears. In this article, James Ladner, legal director, and Fiona Fingland, associate, at Pinsent Masons, consider the basis for and scope of the Employer’s power to instruct under the JCT Design and Build Contract, the limitations of the power to instruct, and the consequences of the parties’ failures to deal with instructions in accordance with the terms of the contract.