This Q&A assumes that the circumstances do not involve the making and acceptance of a Part 36 offer (for which different rules will apply). Without prejudice offers (and in particular without prejudice save as to costs offers, also known as Calderbank offers or letters) are a common way of seeking to compromise a case. The label of without prejudice means that the terms and contents of any proposed offer cannot be raised in court (save, in respect of offers made save as to costs, in respect of costs arguments) meaning that a party wishing to seek a settlement can make proposals safe in the

If the payment by the policyholder’s spouse was reimbursement in respect of their insurance premium payments there should be no issue in relation to insurance cover provided. Even if the insurer has not actually received payment of premiums the policy would remain valid unless it is subject to a premium payment warranty that has been

You may wish to consult the following Q&As which consider similar scenarios: • Where a supplier (B) has emailed an invoice to A for goods supplied by B to A (and which were received by A) but the email was hacked by an unknown third party (C) and B’s bank details for payment were substituted with C’s, such that A pays C and not B, can B recover the invoice sum from A? • A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C? Who

The answer to this question will depend upon: • the terms of the rent deposit deed • whether the lease is an ‘old’ or ‘new’ tenancy for the purposes of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) • whether the rent deposit provides that the deposit is to be held by a third party as stakeholder If the lease is a ‘new’ tenancy If the lease is a ‘new’ tenancy (ie entered into on or after 1 January 1996), the obligations on the part of the landlord and the tenant under the rent

Residential property for SDLT purposes is defined in section 116 of the Finance Act 2003. This provides that residential property means: • buildings (including any part of any buildings) that are used as a dwelling, suitable for use as a dwelling, or in the process of being constructed or adapted for use as a dwelling

For the purposes of this Q&A, we have assumed that this is a relevant property trust. Transfer of assets to a trust The requirements for the transfer of assets to a trust are the same as those for creating a trust. In order to create a valid voluntary settlement, the settlor must have done everything necessary in order to transfer the property to the trustees. The transfer must be legal to be effective and must not be against public policy or the law. Where the settlor makes a voluntary settlement and it is not completely constituted, it will be unenforceable. The court will not complete an incomplete gift. The property must be transferred into the trust in the appropriate format according to the nature of the property.

If the property is treated as forming part of the deceased’s estate because it is property which was the subject of a gift with reservation of benefit (GROB), for deaths between 6 April 2017 and 29 October 2018 (inclusive) it was regarded as ‘inherited’ by the donee for the purposes of section 8J of the Inheritance

Rights of way, particularly those granted a number of years ago, often cause difficulties as to their interpretation in more modern circumstances. The extent of an expressly granted easement such as a right of way depends on the interpretation of the deed granting the easement and on its context. The court will normally construe the grant in favour of the grantee or owner of the dominant land (Cordell v Second Clanfield Properties) (i.e. the land which has the benefit

This Q&A assumes the purchaser is an individual. The higher rates apply to a purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to 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

A caution against first registration gives protection to an interest over unregistered land. Where an application is made for first registration of that land, HM Land Registry will give to the cautioner notice of that application. A caution can be registered by any person claiming to be the owner of an estate in land, a rentcharge, a franchise or a profit a prendre or any interest affecting such a legal estate. A caution against first restriction merely gives the right to be notified of an application for first registration and to object to any such application. Such an objection

Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives the right to a qualifying tenant to acquire a new lease of the flat upon payment of a premium. By LRHUDA 1993, s 56, where notice in accordance with section 42 is given to the landlord, the landlord is bound to grant to the tenant, and the tenant is bound to accept, in substitution for the existing lease, and on payment of the premium, a new lease of the flat at a peppercorn rent for a term expiring 90 years after the term date of the existing lease. By LRHUDA 1993, s 57 the new lease shall be on the same terms as the existing lease, with such modification

CPR 40.16, sets out the court’s general power to order a sale of property. It provides in terms: ‘In any proceedings relating to land, the court may order the land, or part of it, to be a. sold; b. mortgaged; c. exchanged; or d. partitioned.’ CPR PD 40D, para 3 provides as follows: ‘3.1 Where – 1. the court has