An ‘offer back (sometimes known as surrender back) clause’ obliges the tenant to offer to surrender the lease to the landlord as a pre-condition to the tenant’s right to assign and/or underlet. The right to assign/underlet only arises if the landlord declines the tenant’s offer. In substance it is a right of pre-emption (sometimes called a right of first refusal). In respect of leases contracted

An unincorporated association cannot be granted a lease of premises. Unlike a company, it has no separate legal personality of its own. The hallmark of a lease is that it grants exclusive possession. As a fluctuating body of people, the members of an unincorporated association cannot be granted such a right. In any event, as no more than

Solicitors for the claimants can encounter all manner of difficulties in seeking to serve the claim form, especially within the time frame required under the provisions within the CPR. Below are some examples of the types of difficulties that maybe faced and what is available to deal with that difficulty: • problems in determining the location of the defendant or problems with the method of service. The courts have been more open recently to service by other methods, which can be of assistance when the location of the defendant has been difficult to determine, eg service of the claim form by email, through Twitter or Facebook. For

Serving a valid notice to complete The contract for sale will make provision for service of a notice to complete, and they commonly will do this by incorporating the relevant standard conditions of sale which set out the procedure for and consequences of service of a notice to complete. It is important to state that notice is served in accordance with the relevant standard condition. On the assumption

A concurrent lease operates as a grant of the reversion under the original lease, and entitles the tenant of the concurrent lease to the benefit of the rents and covenants of the original lease, so that the landlord may not during the subsistence of the concurrent lease recover rent from the original tenant. The original tenant does not, however, become an undertenant of the tenant who holds under the concurrent lease; consequently, on the determination of the concurrent

Clearly the execution of a new Will at this time will be a priority for many clients and solicitors are under a duty to act in a timely manner, taking into account factors such as age and state of health, which will be of particular concern at the moment. At the same time many legal practitioners will be struggling to work at full capacity due to lack of childcare. The Department for Education is clear that every

For a general email footer that makes reference to notifications and disclaimer and trading disclosure,

Section 81 of Part 3 of the Tribunals, Court and Enforcement Act 2007, deals with recovery of commercial premises rent from sub-tenants. Part 3 of the Tribunals, Court and Enforcement Act 2007 (TCEA 2007) came into force on 6 April 2014. The purpose of Part 3 is to allow a statutory procedure known as commercial rent arrears recovery (‘CRAR’), it does not apply to mixed use or residential

A gift of money by cheque is not completed until the cheque is cleared because the donor can cancel the cheque at any point before

There are a number of applications that the CPR requires to be made promptly, but much of the commentary below will be relevant to any circumstances where there is a need to ensure an application is made in good time. There is a balance to be struck: A hurried application with no, or insufficient, evidence risks being dismissed on the papers pursuant to CPR 23.8(c). Too much delay while preparing the application, and it may fail irrespective of its substantive merit. See Standard Bank Plc v Agrinvest International Inc, obiter at [20] to [22]. Always bear in mind that ‘promptly’, within the context of CPR 13.3 and CPR 39.3, means with alacrity, or ‘with all reasonable celerity in the circumstances’, see Khan v Edgbaston Holdings. Note: CPR 13.3

We have assumed that: • the discretionary trust is resident in the UK for UK tax purposes • no vulnerable person election has been made in respect of the trust under section 37 of the Finance Act 2005 Provided that the minor grandchild is

Most claims against a GP surgery will be claims for clinical negligence. Such claims should usually be brought as claims against the individual GP or GPs in question. This is because GPs offering primary care services are generally not employees, and the partnership as a whole will not be vicariously liable for the negligence of an individual GP. Professional indemnity insurance is compulsory for GPs practising in the NHS. For further information on identifying the correct defendant