Protective proceedings In the event that a limitation period is due to end shortly, it is possible for a party to bring ‘protective’ proceedings in order to ensure that their claim does not become time-barred. Ideally, a party will have complied with all their pre-action obligations (pursuant to the CPR as well as any other, for example, contractual requirements) but, given that the effect of a limitation period under the Limitation Act 1980 expiring is that it provides a defendant with a complete defence to the claim (assuming they elect to plead limitation as a defence), there are circumstances when it will likely be prudent for a claimant to issue such proceedings. Time stops running for limitation purposes when the claim is ‘brought’, which is the date when the claim form (together with the correct court fee) is received by the court for the purposes of issuing it. Assuming

Where a mistake is sufficiently fundamental it can render the contract automatically void. Where a mistake is minor in character, there may be scope for the court to construe the contract so as to correct the mistake. Minor mistakes have been held to include amongst other things: • absurdity and inconsistency (Fitzgerald v Masters (1956) 95 CLR 420 (not reported

Whether or not a right of occupation created by Will is sufficient to create an immediate post death interest for inheritance tax purposes will depend on the exact terms of the Will. The leading case of Pearson v IRC defined an interest in

The availability of principal private residence (PPR) relief from capital gains tax (CGT) to trustees is considered in Practice Note: CGT—PPR relief for trusts and estates. The

Compulsory registration The Land Registration Act 2002 (LRA 2002) provides for the compulsory registration at HM Land Registry of an estate in land upon the occurrence of certain events. LRA 2002, s 4 sets out the circumstances which trigger a compulsory registration. These include the grant out of a qualifying estate in land of an estate in land for a term of years absolute of more than seven years (see LRA 2002, s 4(1)(c)). A ‘qualifying estate’ is defined as a freehold estate or a leasehold estate which has more than seven years to run (LRA 2002, s 4(2)). Generally a five-year lease granted out of unregistered land will not therefore trigger compulsory registration of the lease itself and there will not be a registered freehold title at HM Land Registry against which the five-year lease can be noted. LRA 2002, s 4 however also sets out certain categories of leases where registration of the lease itself is compulsory even though the term of the lease is equal

Type of tenancy The absence of a written tenancy document, and the fact that the tenancy is 'very ancient' gives rise to uncertainty as to which statutory code governs the tenancy. A court order will be needed to evict a residential tenant. The means of obtaining such an order and the ease with which such a court order may be obtained depends on how ancient the tenancy is. The first step is to verify, if possible, that the tenancy is indeed a secure/assured tenancy. Private sector residential tenancies granted before 15 January 1989 are protected tenancies where security of tenure is provided by the Rent Act 1977 (RA 1977). Different rules apply to ending such a tenancy,

What is a statutory demand? A statutory demand (in both corporate and personal insolvency) is a demand for a debt—either payable now, or payable at some future date—which is served on the debtor by one or more of their creditors. The purpose of the statutory demand is to establish that the debtor is unable to pay their/its debts and is therefore insolvent. In both corporate and personal insolvency, failure by the debtor to pay the debt within 21 days of service of the statutory demand, satisfy/secure it to the creditor's satisfaction, or take the appropriate steps to prevent the creditor from acting further on it, will create a presumption of insolvency (on an inability to pay basis) of the debtor. Where the debtor is an individual, an unsatisfied statutory demand provides a creditor with one of only two grounds upon which a creditor's bankruptcy petition may be issued, or 'presented', against an individual. Although

This Q&A should be read in conjunction with Practice Note: Loss of chance damages. Loss of chance claims can be complex. For a summary of practical considerations when pursuing or faced with a claim in which loss of chance damages are sought, see Practice Note: Loss of chance damages—Loss of chance damages—practical considerations. What is the loss of a chance approach? The loss of chance approach is relevant to claims for damages (whether arising in contract or tort) where the future or hypothetical actions of a third party impact on causation. When claiming compensatory damages, generally the claimant must establish causation, ie that on the balance of probabilities, the defendant’s wrong caused the claimant’s loss. Ordinarily, the traditional ‘but for’ test applies, and essentially the question is: whether the damage would have accrued but for the defendant’s action. If the court finds that, as a matter of fact, the defendant’s wrong caused the loss complained of, the court will then examine how far removed the damage suffered is

Law360: Howden Group urged a court on 10 October 2024 to stay parts of a claim by professional services firm Aon against the broker related to alleged staff poaching from Aon's Brazilian insurance business, saying the South American country is the right venue for the dispute.

Law360, London: Insurance giant Guy Carpenter & Co LLC said it has settled a major staff poaching case with broker Howden Group on the eve of trial in the case.

Law360, London: The owner of a string of boutique hotels has said Howden Insurance Brokers Ltd must pay out over £20.4m for failing to arrange adequate insurance cover that allegedly left it short when the coronavirus (COVID-19) pandemic took hold and shuttered sites.

The HPR1000 is a generation III PWR reactor developed from the ACP1000 design. The Hualong 1 reactor is currently being considered by the ONR and EA under the GDA process for deployment at BRB