Generally speaking, a deed of release is not necessary in addition to a form DS1 in order to release a charge registered at HM Land Registry. In the case of a legal mortgage of unregistered land, or a mortgage under the system of mortgage by demise (abolished by the Law of Property Act 1925 (LPA 1925)), a formal release by the mortgagee (effected by reconveyance, surrender or by receipt indorsed on the mortgage itself, depending on the way in which and to whom the mortgage was granted) is desirable and is sometimes necessary. Further discussion of discharge of legal mortgages of unregistered land is outside the scope of this article, and reference should be made to eg The nature of the right of redemption: Fisher and Lightwood’s Law of Mortgage [47.1]–[49]. However, in the case of registered land (with which this question must only be concerned, as a form DS1 relates only to registered land) a registered legal charge

Fatal claims The entitlement to bring a claim following the death of the deceased is now statutory. There are two types of fatal claims: • Fatal Accidents Act 1976 (FAA 1976): such an action is brought (usually by the executors) on behalf of the dependents of the deceased as defined in FAA 1976, s 1. The action must be in respect of any wrongful act, neglect or default which the deceased themselves would have been able to maintain had death not ensued. The types of damage recoverable are bereavement damages (for certain persons as set out in FAA 1976, s 1), a dependency claim for the financial losses suffered by the dependents (Knauer v Ministry of Justice) and funeral expenses (which would usually be paid by the estate under section 34 of the Administration of Estates Act 1925). FAA 1976, s 2 provides that the action shall be brought by and in the name of the

The use of a premises for the screening of a film to members of the public constitutes the provision of regulated entertainment which requires a premises licence under the provisions of the Licensing Act 2003 (LA 2003) unless one of the specified exemptions apply. The main exemptions are: • if its sole or main purpose is to demonstrate any product, advertise any goods or services, or provide information, education or instruction • if it consists of or forms part of an exhibit put on show for any purposes of a museum or art gallery Section 76 of the Deregulation Act 2015, amended schedule one of the LA 2003 to

The provisions of CPR PD 39A (which provide for a trial bundle and the requirements it must fulfil) do not apply to small claims trials by operation of CPR 27.2(1)(h), which disapplies CPR 39 in its entirety (except the requirement for a hearing to be held in public pursuant to CPR 39.2). Disclosure under CPR 31 is also disapplied. This means that the parties are typically

Yes, assuming that the building is not one of the exceptions detailed in Practice Note: Energy performance certificates (EPCs)—what are they and when are they required? A Display Energy Certificate (DEC) measures how efficient a building is in operation. DECs are based on

The court in which the possession order is made It is provided by CPR 83.26 that in the County Court, a judgment or order for the recovery of land will be enforceable by warrant of possession. This is important. It is only by that means that an order can be enforced. In Haniff v Robinson, the Court of Appeal held that as the old County Court Rules, which were in almost identical form, provided for no other method of enforcement, it was a trespass for a landlord to re-enter premises personally without a warrant even though the tenant’s continued occupation amounted to a breach of an order for possession. Given that, for example, an assured tenancy cannot be brought to an end by a landlord except by obtaining an order for possession and the execution

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country Planning Act 1990 (TCPA 1990). Planning permission is required for development, so it is always necessary to consider whether a change of use of land is material and therefore constitutes ‘development’. For further information on material changes of use, see Practice Note: Material change of use. Whether

Section 123 of the Local Government Act 1972 (LGA 1972) governs the disposal of land by principal councils. This provides that subject to the provisions of that section, a principal council may dispose of land held by them in any manner they wish (LGA 1972, s 123(1)), though save in respect of a short tenancy, this must not be for a consideration less than the best that can reasonably be obtained (LGA 1972, s 123(2)). The remainder of the section contains other prohibitions, save that LGA 1972, s 123(7) defines a disposal by way of a short tenancy as being the grant of a term not exceeding seven years, or the assignment of a term which has not more

We have been unable to find authority on the specific point raised in this Q&A. However, see the following. An order will run from the day it is given, made or a specified future date (CPR 40.7). There is no express provision in the Civil Procedure Rules 1998 (CPR) that provides that the terms of an order are stayed pending an application to set it aside. In relation to appeals, CPR 52.16 provides that unless the appeal court or the lower court orders otherwise, an appeal shall not operate as a stay of any order or decision of the lower court.

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 12.1(1) provides that the Civil Procedure Rules apply generally to insolvency proceedings, except so far as is inconsistent with IR 2016, SI 2016/1024. CPR 19 and CPR PD 19A that deal with the addition of parties and provide that an application should be made by way of application notice. Where the additional respondent

It is not clear what type of transfer agreement is being referred to, and so we assume this question is asked in relation to a B2B agreement and which is not subject to specific sector or industry regulation. One of the requirements for forming an enforceable agreement, is that it must be made

The Practice Note: Workers and Temporary Workers sponsor duties and adapting human resources systems covers the reporting duties of a sponsor as regards changes of a worker’s circumstances in the section ‘Monitoring and reporting migrant activity’. This summarises, in table format, paras C1.11-C1.32 of the Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance. None of the stated circumstances