An easement by prescription may be acquired under common law, the doctrine of lost modern grant, or under the Prescription Act 1832 (PA 1832). By PA 1832, ss 2 and 4, the person claiming the easement must show a period of use of 20 years without interruption, which must immediately precede the court claim in which the easement is asserted. There is no interruption unless it is ‘submitted to or acquiesced

Conditions of stay Conditions of stay in relation to work as a student are set out in Immigration Rules: Appendix Student, paras ST26.1-ST 26.8. As a starting point, it is important to establish what types of study permit a Student visa holder to undertake employment in the UK. Students following a full-time course of degree level study or above who are: • sponsored by a higher education provider with a track record of compliance; or • sponsored by an overseas higher education institution to undertake a short-term study abroad programme in the UK are able to work 20 hours per week during term-time (full-time employment permitted outside of term-time, including the period before the course starts). Students following a full-time course below degree level study who are sponsored by a higher education provider with a track record of compliance are able to work 10 hours per week during term-time (full- time employment permitted outside of term-time, including the period before the course starts). There

This Q&A considers both small estates where the testator left a Will and had validly appointed executors and estates where there is no Will and no appointment of executors. The authority of executors appointed under the deceased’s Will derives from the Will itself rather than the grant of probate (which simply proves that authority). Where it is unnecessary for the executors to take out a grant because they are able to collect in the deceased’s assets and settle all debts and liabilities without one, then they may still act. For administrators, a grant of letters of administration is required in order for them to have authority to act and administer the estate. See Practice Note: Personal representatives—authority

Companies in the privatised water industry in England and Wales operate under the provisions of the Water Industry Act 1991 (WIA 1991) and the Water Act 2003 (WA 2003). Together, these acts set out the regulatory framework within which the privatised service companies and water only companies operate. It is important to note that some of the companies who operate under the legislation provide water services only, whereas some provide both water and sewerage services. We have assumed for the purposes of this Q&A that the undertaking carries out both water and sewage services. Relevant Legislation WIA 1991, s 219 defines a sewer as all sewers and drains used for the drainage of buildings and yards appurtenant to buildings.

The Whiplash Injury Regulations 2021 Under the Whiplash Injury Regulations 2021, SI 2021/642, reg 1, the tariff for whiplash injuries only applies to causes of action which accrue on or after 31 May 2021. Whiplash Injury Regulations 2021, SI 2021/642, reg 2 sets out the tariff for pain, suffering and loss of amenity in relation to whiplash injuries. Whiplash Injury Regulations 2021 was made following powers conferred by the Civil Liability Act 2018 (CLA 2018). CLA 2018 CLA 2018, s 3 provides: '(1) This section applies in relation to the determination by a court of damages for pain, suffering and loss of amenity in a case where— (a) a person (“the claimant”) suffers a whiplash injury because of driver negligence, and (b) the duration of the whiplash injury or any of the whiplash injuries suffered on that occasion— (i) does not exceed, or is not likely to exceed, two years, or (ii) would not have

For the purposes of this Q&A it assumed the freehold owner of the building has certain rights over the land of a neighbour and that for whatever reason, it has agreed with the neighbour that it will release its rights over that land. Tenants of a commercial building should only be joined as a party to the Deed of Release. A number of points arise: The identity of the persons entitled to the benefit of an easement and the manner in which those rights may be brought to an end needs to be ascertained The starting point is that an easement must be for the benefit of a given plot of land: the dominant tenement. At the time of the grant, be it expressly by deed, implication or acquisition by prescription, the grantee must have an estate in the land. Ordinarily, it will be the ownership of the fee simple estate and indeed in the case of a

General principles Part I of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when he proposes to dispose of it. The right prohibits the landlord from making a relevant disposal without first serving a notice on the qualifying tenants and ensures that the disposal is made in accordance with the statutory requirements. The right of first refusal applies where premises: • consist of the whole or part of a building • contain two or more flats held by qualifying tenants, and • the number of flats held by qualifying tenants exceeds 50% of the total number of flats contained in the premises If the above conditions are met the landlord is bound to follow the procedures set out in the LTA 1987. Failure to do so (without reasonable excuse) is deemed an offence punishable on summary conviction. See Practice Note:

This Q&A refers to a B2B contract concluded online. General principles of contract law apply equally to contracts formed online. In relation to incorporation of terms into e-commerce contracts, to establish that express terms have been incorporated into a contract, the party seeking to rely on them must show that either the other party has specifically agreed to or knew of the terms (eg by showing a signature to them) or that it has done what is reasonably sufficient to give the other party notice of them (before formation of the contract). This will be a question of fact in each case. See Practice Notes: Contract interpretation—express terms in contracts and Standard terms and conditions—incorporation. In an e-commerce context, the issue of incorporation is most often discussed in the context of terms which are set out on separate web pages, in particular: • where click wrap terms

On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986). Section 233B places restrictions on so-called ‘ipso facto’ provisions in relation to contracts for the supply of goods or services. An ‘ipso facto’ provision allows a party to exercise contractual termination rights where a company enters into an insolvency or restructuring procedure. Under the new section 233B, a provision in a contract for the supply of goods or services ceases to have effect when a company becomes subject to an insolvency procedure if under the provision: • the contract or the supply would terminate because the company becomes subject to the insolvency procedure, or • the supplier would be entitled to terminate the contract or the supply, or do any other thing, because the company becomes subject to the insolvency procedure It is

There are two sets of provisions that deal with higher rates of SDLT on the purchase of residential property by non-natural persons: • Single higher rate of SDLT for high-value residential property transactions, and • Higher rates of SDLT on additional residential properties However, the definitions used and exclusions from the two sets of rules are different. Note that the 15% rate takes priority over the 3% higher rates, so it will be necessary to establish if the 15% rate applies first. 15% rate Under Finance Act 2003, Sch 4A para 3(3)(a) (FA 2003), the 15% rate applies to 'high-value residential transactions' where: • the purchaser is a company, which is itself defined in para [9] of the same schedule as a body corporate other than a partnership (noting that this is a narrower

The amount of stamp duty land tax (SDLT) charged in relation to a chargeable transaction is a percentage of the chargeable consideration for the transaction. The percentage is determined by reference to whether the relevant land: • consists entirely of residential property, in which case the ‘residential’ rates, and related calculation method, apply (set out in Table A (section 55 of the Finance Act 2003 (FA 2003)), or • consists of, or includes, land that is not residential property, in which case the ‘non-residential or mixed’ rates, and related calculation method, apply (set out in Table B (FA 2003, s 55) For

The higher rates will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A–D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition