It is often the case that in financial remedies proceedings a third party will be joined to proceedings to assert a beneficial interest in a property or other asset, or to enable an order for sale to be made in respect of that property. In TL v ML, Mostyn J set out the principles to be applied procedurally to such actions. He emphasised that such disputes must be approached on exactly the same basis as if they were being determined in the Chancery Division and made clear that

Requirement for ownership certificates Under the Town and Country Planning (Development Management Procedure) (England) Order 2010, articles 11 and 12, for a planning application to be valid, it must include a certificate of ownership. There are four alternative ownership certificates and the applicant must complete and submit one of these certificates with their planning application: • Certificate A is completed if the applicant is the only owner of all the land within the boundaries of the application site • Certificate B is completed if the applicant knows the names and addresses of all the other owners of the land involved in the application

Dispute Resolution analysis: In Mustard v Flowers, Master Davison considered the thorny issue of the admissibility of covert recordings in civil proceedings. Challenges based on data protection law failed.The judge outlined that the admissibility of such evidence will be determined on a case by case basis, and it could not be determined by general guidance to be applied across the board. A potential solution in personal injury cases was the adoption of a protocol providing for an agreed scheme for the recording of medical examinations. This would negate the desire or need for covert recordings of such examinations. Until such time a protocol is adopted, the key question remains whether or not such evidence is relevant and probative. Written by Georgia Kate Whiting, barrister, 4 King’s Bench Walk.

In answering this Q&A we have assumed that the leaseholders are surrendering their existing leases in return for new 999 year leases in place of the existing leases. Capital gains The Taxation of Chargeable Gains Act 1992, Sch 8 (TCGA 1992) contains a number of special provisions dealing with leases. So while leases are subject to the general principles of TCGA 1992, these are to some extent modified by the provisions of Sch 8 (and some other specific provisions). There are special rules for computing the capital gain or loss which accrues on the disposal of a lease which has 50 years

The custom of paying tithes for the upkeep of a parish is ancient and dates back to Saxon times. In 1836, the Tithe Act 1836 substituted for the payment of tithes a rentcharge on land which varied on an annual basis based upon the price of corn. It was in effect an index-linked local tax. The payment of tithes was regulated by a number of subsequent statutes until, in 1936 the Tithe Act 1936 (TA 1936) abolished the rentcharges linked to tithes. Compensation was payable as a result. The short answer therefore is that a tithe rentcharge is not enforceable. However, the longer answer is that there may nevertheless

Possessory title is granted where the applicant claims to have acquired title to the land by adverse possession or where they cannot produce documentary evidence of title for some reason. It will be granted if the applicant is in actual possession of the land/in receipt of the

There are two aspects to this question: (a) are the stipulations binding on a successor in title of the original covenantor, and (b) are the stipulations enforceable in accordance with their terms. With respect to (b), this all depends on the terms of the stipulations themselves. With respect to (a), given that the conveyance or deed imposing the covenant did not trigger first registration of title, the first point to consider is whether the covenant is contained

This document provides a basic explanation of key terms that you may encounter in relation to artificial intelligence (AI). If you require any further explanation or would like guidance on any other terminology, please contact [state who]. Agentic AI AI that can independently work towards a goal. It can plan and carry out a series of tasks, use tools or information, make decisions and adapt its approach based on results, with varying levels of human oversight. Agentic AI can take multiple actions to complete a broader task. Artificial intelligence There is no single definition of artificial intelligence (AI). Broadly speaking it is the simulation of human intelligence in machines, generally computer systems. AI tool or AI system Computer software and systems that simulate human intelligence.AI tools can learn, problem-solve, make decisions, and understand language.This can be contrasted with non-AI pre-programmed

For the purposes of this Q&A, we have assumed that the lease is not one to which the provisions of sections 11–12 of the Landlord and Tenant Act 1985 (LTA 1985) apply. Criss-cross schemes A ‘criss-cross scheme’ is a method of transferring the reversion to the tenants with a view to minimise the ongoing involvement of the developer. It can only be used where the building comprises two flats or maisonettes. Rather than an arrangement under which the freehold reversion of the entire building is transferred to one of the tenants, in the criss-cross scheme, the tenant of the ground floor flat becomes the reversioner of the first floor flat and vice versa. The relationship of landlord and tenant thereafter subsists between each of them, and the benefit

PI & Clinical Negligence analysis: On a freezing night in January 2017, while travelling intoxicated on the night tube, Mr Ovu walked through marked emergency access doors into a non-public area of Canning Town tube station. Those one-way doors were later closed behind him by station staff. Seemingly unaware that he could leave the station via a further set of doors at the end of the open-air emergency exit route, Mr Ovu walked to and fro for some time before falling from a staircase to his death. His body was not discovered for six hours. Having determined that Mr Ovu was a trespasser at the time of his death, the judge considered the ambit and extent of statutory and common law duties owed to him by London Underground. The judge concluded that such duties did not encompass the risk of falling from stairs and sustaining injury, that finding leading to the dismissal of the claim. Written by Christopher Walker, barrister at Devereux Chambers.

If the tenant fails to leave the property upon expiry of the section 21 notice, possession proceedings will have to be brought. As such, the incoming landlord will face the risk that they will not purchase the property with vacant possession, and that court proceedings will need to be instigated to obtain the same. That being said, it also needs to be considered whether or not the incoming landlord is entitled to rely upon the section 21 notice served by the outgoing landlord. If not, the process will need to be started again and a fresh period of notice given. Section 21 of the Housing

Positive covenant The burden of a positive covenant does not run with the land and therefore a successor in title to B will not be bound unless it has entered into a direct covenant with A. See Practice Note: Positive covenants—binding successors in title. However, prima facie and subject to the below, the covenant will be enforceable between the original parties. Uncertainty Generally, a court will try to avoid finding that a covenant is void for uncertainty (see A uncertain world: The New Law Journal—167 NLJ 7742, p15). Recent caselaw indicates that a court is likely to adopt a literal interpretation of the document (Arnold v Britton) and will be reluctant to re-write an