Section 4 of the Statute of Frauds (1677) requires a guarantee to be in writing and signed by the guarantor (or some other person lawfully authorised to sign on the guarantor's behalf). If a guarantee does not comply with Statute of Frauds (1677), s 4, it will be unenforceable. This requirement has the effect that a guarantee need only be signed by the guarantor. It does not need to be signed by the beneficiary of the guarantee (although the beneficiary of the guarantee can sign it if they wish to). For more information on the formalities for creating a guarantee, see Practice Note: Formalities for creating a guarantee. There is no legal

Does the benefit of an overage covenant run with the land? The payment of overage is a positive covenant and so it is possible for the benefit of it to run with the land at law if it touches and concerns the land, and the person claiming the benefit is the successor in title (which will be implied under the Law of Property Act 1925, s 78 unless the contract provides to the contrary), and where there was an intention that the benefit should run with the land owned by the covenantee at the date of the covenant. Our Practice Note Positive covenants—binding successors in title, Halsbury’s Laws Volume 87 paragraph 1006 and Halsbury’s Laws Volume 87 paragraph 1011 provide further information. Who has the benefit of the restriction on title when the named beneficiary dies? As mentioned above, in certain circumstances the successor

Deemed planning permissions Detailed BNG legislation comes into force from Monday 12 February 2024 following the making of the Environment Act 2021 (Commencement No 8 and Transition Provisions) Regulations 2024 (the Commencement Regulations), SI 2024/44 and other associated statutory instruments on 17 January 2024. The Commencement Regulations will bring into force the sections of, and schedules to, the Environment Act 2021 (EA 2021) which provide for mandatory BNG. The Commencement Regulations say, at regulation 2(1)(d), that EA 2021, Sch 1, paras 1 and 2 come into force on 12 February 2024 in so far as they insert various provisions of a new Schedule 7A into the Town and Country Planning Act 1990 (the TCPA 1990). Those provisions include paragraph 13 of new Schedule 7A which sets out the mandatory deemed BNG planning condition. Every planning permission granted for the development of land in England shall be deemed to have been granted

We assume that the personal representatives are transferring the freehold estate to the beneficiaries by way of an assent. All property, whether personal or real, to which a deceased person was entitled for an interest not ceasing on his death now devolves on his personal representative. The property which devolves on the personal representative is held by him as personal representative for the deceased for the purposes of administration and not in his own right. You may find the Property Practice Note helpful: Death of a proprietor of land—probate and assents of interests in land. It

Section 55(2)(f) of the Town and Country Planning Act 1990 (TCPA 1990) provides that a change in the use of buildings or other land within the same use class does not amount to development and therefore does not require planning permission. The Town and Country Planning (Use Classes) Order 1987, SI 1987/764, (the Use Classes Order), made pursuant to TCPA 1990, s 55(2)(f) classifies different uses of land and buildings within a broad ‘use class’. The Use Classes Order also lists a number of uses

Usually, a chargor would not need to execute a deed of release unless the chargor is promising to do anything under the deed of release, or giving any confirmations. Examples might include if the chargor is agreeing to pay expenses relating to the release, or if the chargor is confirming that any remaining security will continue in place (which could be relevant if the release is partial rather than full). We note that some parties might argue that, in relation to security over land, section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) applies to the deed of release. In so far as is relevant to the question, LP(MP)A 1989, s 2 provides that a contract for

Where there are no ancillary relief proceedings, the defendant’s matrimonial home or his share of it will be included in the available amount. The fact that this causes hardship to the family when the home is sold to meet the order is not relevant to the calculation. This has been subject to challenge and has been found to be compatible with the Human Rights Act 1998 (HRA 1998) (Danison v UK (1998) Appln 45042/98). Please see the Practice Note: Determining the recoverable amount under POCA 2002 POCA 2002, s 98 provides some protection for the family home in Scotland but there is no equivalent protection in England. The family of a defendant does have the opportunity

Who can be a client? A client is defined in regulation 2(1) of the Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM 2015) as 'any person for whom a project is carried out' and accordingly the client can be either a natural person or a company. The definition is broad enough to cover both domestic and commercial clients. A 'domestic client', as defined in CDM 2015, reg 2(1), is someone who has construction work carried out on their own home (or the home of a family member) that is not done in furtherance of a business, whether for profit or not. Although domestic clients

Section 69(2C)(c) of the Solicitors Act 1974 (SA 1974) (as amended by the Legal Services Act 2007) states that a bill can be delivered: ‘...(i) by means of an electronic communications network, or (ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible’ Where the recipient ‘has

The regulated activity contained in Articles 61(2) and 61(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO) is discussed in chapter 4.8 of the Financial Conduct Authority's (FCA) Perimeter Guidance Manual (PERG 4.8). The guidance does not contain any further guidance as to the meaning of 'taking

The term ‘vanishing dismissals’ is used to describe the general principle that a successful appeal has the effect of negating the original decision to dismiss, and therefore it revives the contract of employment which continues without interruption. This principle operates automatically and irrespective of any particular actions by the employer. In Roberts v West Coast Trains, the Court of Appeal held that there had been no 'dismissal' for the purposes of the unfair dismissal legislation where the employee had been dismissed at an early stage of a disciplinary process but had subsequently been re-engaged after a successful internal appeal (which took place after the employee had submitted an unfair dismissal claim). The Court of Appeal considered this to be in line with West Midlands Co-operative Society v Tipton. In that case, the House of Lords agreed (in the absence of an express contractual provision to the contrary) with the reasoning approved by the Court of Appeal in Savage v J Sainsbury that: • when a notice of immediate

A Supplier of Last Resort (SoLR), also referred to as an Offtaker of Last Resort, is a licensed supplier that steps in to take on the customers of another licensed supplier in the event of insolvency—for example, see: Ofgem’s direction to Cooperative Energy to take on the customers of GB Energy in November 2016. An Offtaker of Last Resort is a licensed supplier that enters into a backstop PPA with a generator