This Practice Note provides an overview of the commercial arbitration process, while recognising that there is, generally speaking, no set framework for, or structure to, arbitration proceedings. Indeed, the ability of parties to influence meaningfully the way in which their disputes are resolved is often cited as one of the reasons why arbitration may be preferable over, for example, litigating before national courts. For a general introduction to arbitration as a method dispute resolution and the practice of arbitration, see Practice Notes: Arbitration—an introduction to the key features of arbitration and Arbitration—new starter guide. For guidance on the often crucial role played by in-house counsel in relation to arbitration, see Practice Note: The role of in-house counsel in international arbitration. No defined structure for the arbitration process The litigation process typically follows a settled pattern contained in a procedural code or equivalent. The English and Welsh Civil Procedure Rules (or CPR), and their related practice directions, provide an example of such an approach—see Practice Note: Overview of the litigation process in England and Wales. Arbitration

Law360, Expert analysis: We recently saw an eyebrow-raising decision on LEG 3 (a defects exclusion or write-back developed by the London Engineering Group) under a construction all risks, or CAR, policy coming out of the US, the second in only three months. Written by Jonathan Bruce, partner and deputy head of the global insurance and reinsurance group, at Holman Fenwick Willan LLP.

Dispute Resolution analysis: Master Rowley ruled that where a practising solicitor represented themselves, there was no distinction in principle between a solicitor in practice on their own account or one in partnership or as a consultant. Therefore, applying the Chorley principle, a solicitor representing himself could charge a reasonable professional rate for his time. Such a rate would not require a forensic exercise to establish the cost base of the solicitor; it would simply be a case of establishing a reasonable professional rate for the work undertaken. CPR 46.5(6)(b) was aimed at exempting lawyers of various descriptions from being a litigant in person and it would be a non-practising solicitor that might be the type of litigant in person envisaged. Written by Nicholas Lee, costs lawyer and managing director at Paragon Costs Solutions.

Copyhold was a form of tenure, sitting alongside freehold and leasehold tenure, which was abolished by section 128 of the Law of Property Act 1922. Copyhold existed subject to certain manorial rights over the land which were held by the lord of the manor. On 1 January 1926, any copyhold land that had not already been converted into freehold land by way of voluntary enfranchisement under various Copyhold Acts (including the Copyhold Act 1852 (CA 1852) was compulsorily enfranchised so as to become freehold land. However, certain manorial rights were preserved, in particular the right to minerals in, on or under the land. The Copyhold Acts allowed for tenants to demand enfranchisement by deed with

In Street v Mountford, Lord Templeman observed that: 'There can be no tenancy unless the occupier enjoys exclusive possession; but an occupier who enjoys exclusive possession is not necessarily a tenant’. He then went on to identify several categories of person who cannot be a ‘tenant’, including a ‘service occupier’ (or ‘service occupant’). A service occupier is an employee who occupies their employer's premises in order to perform their duties as an employee. In those circumstances, the possession and occupation of the employee is treated as the possession and occupation of the employer and the relationship of landlord and tenant is not created (see Mayhew v Suttle (1854) 4 EI & BI 347 (not

Save for in certain circumstances set out below, the assured shorthold tenancy (AST) will come to an end upon the death of the tenant (see Commentary: Security of tenure: Hill and Redman's Law of Landlord and Tenant [24]), but the tenancy itself will continue to subsist. As it is not an estate in land, no interest vests in the personal representatives of the deceased tenant, but the rights under the tenancy continue to subsist. In order to obtain possession therefore it is necessary to terminate the tenancy by serving a notice to quit upon the personal representatives. To avoid any possible claim thereafter, landlords often seek and obtain a possession order in any event to

It is assumed that the only payments made since 1945 have been the payments due under the new rentcharge which itself ceased being paid in around 1990. It is also assumed that the right of the owner of the 1882 rentcharge was not acknowledged before the end of the 12 years period after 1945 and at intervals thereafter. A rentcharge is an annuity secured on some specified land. The circumstances in which they can be created is now restricted by statute and most will be abolished in due course, but they do remain of some importance. The Rentcharges Act 1977 provides

The formula for when a landlord will be able use the mandatory ground for rent arrears in Ground 8, Schedule 2 to the Housing Act 1988 (HA 1988) covers the usual range of intervals at which rent is commonly made payable in short residential tenancies. In the present case, where the rent is payable monthly, Ground 8 applies if at least two months’ rent is lawfully due both at the date of service of the section 8 notice and at the date of the court

Background A rent deposit is a sum of money provided by a tenant to its landlord by way of security for: (i) payment of the rent; and (ii) performance of the covenants found in the lease. The rent deposit deed itself will, in the usual circumstances, set out in detail when a landlord can draw down against the rent deposit and the conditions that the tenant must meet before the rent deposit is repaid to it. The primary benefit of a rent deposit to commercial landlords is that it allows them to have access to an immediate source of funds that can be withdrawn when a tenant acts in a manner which amounts to a breach of covenant, including, for the avoidance of doubt, the covenant

Taking back possession of a garage Where a landlord has let a dwelling such as a house or a flat, they are not entitled to take back possession of the premises other than by court proceedings where the tenant is still in occupation. This is by virtue of sections 2 and 3 of the Protection from Eviction Act 1977 (PEA 1977). PEA 1977, s 2 states: ‘Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise

The Freedom of Information Act 2000 (FIA 2000) and Data Protection Act 1998 (DPA 1998) operate separately, except when it comes to this problem. In FIA 2000 there are a number of exemptions. The effect of the exemptions is to exempt the type, nature or existence of that information from being disclosed under FIA 2000. In this case the relevant exemption is to be found in FIA 2000, s 40 specifically FIA 2000, ss 40(1) and 40(5)(a). If the information in question is personal data and the data subject makes an application for disclosure under FIA 2000 then the exemption is absolute. This means

The right to access neighbouring land An easement is a right which is annexed to a piece of land, to use another person's land or to prevent the neighbour from using their land in a particular way. Easements can only be created by statute or by a grant. Where the neighbour is willing to allow access to their land, an easement can be created by an express grant of one. The grant of an easement for a legal estate must be effected by a deed. As stated above, however, an easement can also be created by statute. One such statute is the Access to Neighbouring Land Act 1992 (ANLA 1992) which creates the concept of an ‘access order’. Access orders ANLA 1992, s 1 permits a person who, for the purpose of carrying out works to any land (the dominant land), desires to enter upon any adjoining