CPR 12 allows for a claimant administratively to obtain judgment against a defendant who has been served with a claim form, but who does not file an acknowledgment of service or a defence. Judgment in default requires the making of a request in the relevant practice form (Form N227) where the claim is for money or delivery of goods, or by application notice pursuant to CPR 23 where another remedy is sought (CPR 12.4). Where the claim form has been served by the claimant, judgment in default will not be granted without the submission of a certificate of service (CPR 6.17). A judgment in default

This question raises the issue of the requirements for an easement to exist. As the question suggests, there must be a dominant and servient tenement in separate ownership. The easement must in some way benefit the dominant tenement. It is often the case that a utility company wishes to lay pipes, conduits, cables and the like in a manner which

Forfeiture is a draconian remedy which entitles a landlord to bring a lease to an end for a breach of covenant. For all breaches other than arrears of rent, the landlord must give the tenant the opportunity to remedy the breach which is done by the service of a notice pursuant to section 146 of the Law of Property Act 1925. There is no requirement to serve such a notice where the breach is non-payment of rent. The right to forfeit will only arise if there is a forfeiture clause in the lease, but this will

What is a trial window? Lawyers, judges and even certain bits of the Civil Procedure Rules 1998 (CPR 1998) (such as CPR PD 3D—Mesothelioma Claims) refer to a trial window, and as such the phrase is often used in standard directions, including those available on the justice.gov.uk website. However, the parts of CPR 1998 which deal with both the fast-track and the multi-track do not use the term, instead referring to a trial period. In relation to multi-track cases, CPR 29.2 sets out that: ‘(2) The court will fix the trial date or the period in which the trial is to take place as soon as practicable. (3) When the court fixes the trial date or the trial period under paragraph (2), it will – (a) give notice to the parties of the date

We have assumed for the purposes of this response that you refer to an application for prior approval of the local planning authority (LPA) (or for either a determination as to whether the prior approval of the LPA is required) under the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596 (or its Welsh equivalent). We note that each of the provisions governing such applications in GPDO, SI 2015/596, Sch 2 Pt 1 is worded slightly differently. For the purposes of answering this query, we have assumed

Burden of costs and expenses on a specific legacy of foreign property Tax and foreign death duties Inheritance tax attributable to the value of unsettled property outside the UK is not a testamentary expense unless indicated in the Will, although following Re Goetze, it seems reasonably clear that a direction to pay testamentary expenses out of residue is likely to extend to any foreign tax or duties (unless the foreign tax exceeds the UK tax). For further guidance, see Commentary: Free foreign estate: Foster's Inheritance Tax [K2.02]. However, see also the commentary below regarding the burden of duties depending on whether the executor gets in the bequest or not. Other costs and expenses In relation to property situated in England and Wales, unless the testator has provided otherwise in their Will, any expense incurred by the executors in the upkeep, care and preservation of property specifically devised or bequeathed,

A covenant to pay the rent, perform the tenant’s covenants and to indemnify against any liability incurred arising from a failure to do so, is only necessary if the assignor will continue to be liable to the landlord following the assignment, eg where: • in the case of a new tenancy, the assignor is entering into

It is assumed from the question that the potential applicant to become a registered proprietor of the land by virtue of adverse possession is not currently in occupation and seeks to rely on historic acts of occupation to support his or her claim to the land. It is understood that the question concerns whether it is possible to make an application to become a registered proprietor of a registered land by virtue of adverse possession at a point where the applicant may no longer be in occupation of that land. The question asks whether there is a case law on this point. The matter is, in fact, covered by statute. Rule 188 of the Land Registration Rules 2003 (LRR 2003),

Under the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), it is possible for an enterprise management incentives (EMI) option's terms to permit it to be exercised later than 15 years from its date of grant, provided that the option must also be capable of being exercised earlier than this. ITEPA 2003, Schedule 5 paragraph 36(2) makes clear that if exercise is dependent upon the fulfilment of any conditions, the option will be taken to be capable of exercise if the conditions may be fulfilled within that period. However, even where an EMI option

Applicable law It is not clear where the claimant is domiciled, however we assume for the purposes of this Q&A that the claimant is domiciled in the UK. We refer you to Practice Note: Road traffic accidents in the EU—jurisdiction and applicable law which set out, in general terms, the principles applied to determination of these fundamental issues in European accident cases. As explained in Practice Note: Road traffic accidents in the EU—jurisdiction and applicable law: 'As will be set out below, the first step to addressing both questions is the identification of the correct defendant. Often, this will seem a straightforward matter, such as where the injured passenger can point to the negligence of the driver of the car in which he was being carried. However, as will be

The definition of a sponsoring partner under Appendix FM, s E-ECP.2.1 is as follows: ‘The applicant’s partner must be- (a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c); or (b) present and settled in the UK, subject to paragraph GEN.1.3.(b); or (c) in the UK with refugee leave or with humanitarian protection.’ Thus, applications by post-flight partners (as defined, to include a lawfully-married spouse) of refugees are considered with reference to the same substantive rules which govern entry clearance and in-country applications from partners of settled persons/British citizens. See Practice Note: Partners applying for entry

Section 21 notice Where a tenant has not breached any covenants, a landlord may seek possession of the property by serving a notice under section 21 of the Housing Act 1988 (HA 1988), which gives at least two months’ notice, to expire on or after the expiry of the fixed term. In order to serve a valid section 21 notice, the landlord must comply with the section 21 pre-conditions to service—see Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position under Section 21—pre-conditions to service. 'How to rent' guide The landlord must provide the prescribed information before a section 21 notice can be served. At the time of writing, this information is in the current version of the How to rent: the checklist for renting in England published by the Department for Communities and Local