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Section 1(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives qualifying tenants of flats the right to acquire the freehold of those premises in which the qualifying tenants’ flats are contained. In order for the premises to qualify under LRHUDA 1993, s 3(1), the property itself must satisfy three criteria: • the building must be self-contained, or be a self-contained part of a building • the premises must contain two or more flats held by qualifying tenants, and • the total number of flats held by qualifying tenants must not be less than two thirds of the number of flats
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Paragraphs 7.1–7.7 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents in respect of expert medical reports. The matter can only proceed to stage 2 if liability is admitted at
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Landlord and Tenant Act 1954 There does not appear to be specific authority on whether the reference to 'other relevant statute' in CPR PD7A, para 5.1 includes the Landlord and Tenant Act 1954 (LTA 1954). 'Either the landlord or tenant can apply to the court for the grant of a new tenancy (LTA 1954, s 24(1)) and the application can be made as soon as the Section 25 Notice has been served or the Section 26 Request made (LTA 1954, s 29A). In other words, a landlord wishing to press ahead can start the court proceedings itself and can do so immediately' (para 2.4, Renewing Business Tenancies, Graham Fife, Fourth Edition, March 2010). 'An
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It is important to note that the position of a person whose employment was terminated without notice (and without being entitled to notice), such as for an act of gross misconduct is not expressly dealt with in the relevant legislation, nor in the guidance given in HMRC’s Employment Income Manual. In addition, the meaning of ‘by notice’ in the definition of minimum notice could be construed widely to include summary dismissal for, among other things, gross misconduct. Therefore, it remains debatable whether, in a case of gross misconduct, the post-employment notice period is properly to be treated as nil. For further guidance on post-employment notice pay generally, see Practice Note: Taxation of payments in lieu of notice (PILONs) and post-employment notice pay (PENP). Post-employment notice period The ‘post-employment notice period’ is the period: • beginning at the end of the last day of the employment, and • ending with the earliest lawful termination
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Summary Although there is no reported authority directly considering this issue, it seems clear that handing over share certificates and transfers executed in blank will satisfy the control or possession requirements for the purposes of the Financial Collateral Arrangements (No. 2) Regulations, SI 2003/3226. Readers may find it helpful to refer to Çukurova Finance International Ltd and another v Alfa Telecom Turkey Ltd at [18] and [25] ('Alfa'), as well as the general commentary on the law of 'possession or control' provided by Briggs J in Re Lehman Brothers International (Europe) (In Administration) (Lehman Brothers) [101] – [137]. The Regulations The Financial collateral Arrangements (No. 2) Regulations 2003, SI 2003/3226 (‘the Regulations’) transposed Directive 2002/47/EC (‘the Directive’) into domestic law, and the Regulations continue to apply post Brexit. The Directive
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The Pre-Action Protocol for Debt Claims (the Debt Protocol) came into force on 1 October 2017 and applies to debts claimed by a business creditor against an individual debtor, see Pre-Action Protocol for Debt Claims, para 1.1 and Q&A: Is there any guidance on when the Pre-Action Protocol for Debt Claims applies as opposed to other protocols applying? In particular, which protocol would apply where a private builder company is owed money by an individual following the non-payment of an invoice in respect of building works? It therefore does not apply to any claims that are against corporate
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Paragraph 2.2 of the Pre-Action Protocol for Personal Injury Claims (the Protocol) states that the Protocol applies to all personal injury claims except those covered by another protocol ,such as the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. Paragraph 2.4 of the Protocol states: 'the ‘cards on the table’ approach advocated
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The rule in Wheeldon v Burrows concerns the creation of easements. The rule lays down the principle that: '…on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements, …or, in other words all those easements which are necessary to the reasonable enjoyment of the property granted and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.' Put more simply, when one landowner sells off part of his land and retains a part, the conveyance
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I'm Your Man Limited v Secretary of State for the Environment deals with the question of whether a planning permission can be limited other than by condition and whether it can be limited by the description of the development. Planning authorities can take enforcement action under section 172 of the Town and Country Planning Act 1990 (TCPA 1990) for breaches of planning control. TCPA 1990, s 171A defines what constitutes a breach of planning control. The definition includes failing to comply with any condition or limitation subject to which planning permission has been granted. In
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Section 183 of the Town and Country Planning Act 1990 (TCPA 1990) provides that a local planning authority (LPA) can issue a stop notice where it considers it expedient to cease 'relevant activity' before the period for compliance of an enforcement notice has expired. A stop notice prohibits the carrying out of the particular activity to which an enforcement notice relates. 'Relevant activity', by TCPA 1990, s 183(2) means any activity specified in the enforcement notice that the LPA requires to cease. An enforcement notice is, by TCPA 1990, s 172(1), a notice issued by the LPA where it appears that there has been a breach of planning control and that it appears expedient to
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Tenancies at will A tenancy at will is a tenancy under which the tenant is in possession of the subject property, but which is determinable at the will of either the landlord or the tenant. It is therefore a tenancy which can easily be brought to an end by either party simply by their intimating to the other their wish that the tenancy should end. A tenant under such a tenancy is therefore in a precarious position compared to other types of tenancy which provide more security. The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015) SI 2015/962, reg 23 prohibits a landlord of a ‘sub-standard domestic PR property’ from letting that property except in certain circumstances which are prescribed elsewhere in MEES Regs 2015,
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This prohibition on unsolicited telephone calls advertising claims management services derives from the Privacy and Electronic Communications (EC) Directive Regulations 2003 (PECR 2003), SI 2003/2426, reg 21A. The specific wording of PECR 2003, SI 2003/2426, reg 21A is: ‘A person must not use, or instigate the use of, a public electronic communications service to make unsolicited calls for the purpose of direct marketing in relation to claims management services… unless the called line is that of a subscriber who has previously notified the caller that for the time being [they]