It is common for a contract that relates to land, such as an option agreement, to provide that the terms of the transfer in the event that a transfer is to take place under the terms of the contract, shall be in the form annexed to the contract. The purpose of such provision is to provide certainty and to ensure that there is no scope for disagreement as to the terms of the transfer. However, in this scenario it appears that the form of transfer was not in fact annexed to the option agreement and was not ever prepared. The legal position in such a scenario will depend upon the precise circumstances relating to the contract. It may be the case that there are agreed terms for the form of

It is assumed that this query relates to a general commercial transaction between businesses and does not relate to real property. Where a simple contract or deed has been validly executed, despite the physical contract being ‘lost’, the agreement, which the lost document evidences, remains in full force and effect between the parties—as such any purported replication of its terms or replacement contract must account for this. The date of a contract is evidence as to when it was executed. It is important to distinguish between ‘backdating’ a contract (the practice of executing a contract but marking it with a date prior to its actual date of execution), and executing a contract

Whether or not the ‘consequences of termination’ clause will apply on both termination and on natural expiry of the agreement will depend on how the contract has been constructed by the parties and how this is likely to be interpreted by the court. The basic approach of contract interpretation as provided by Lord Hoffmann’s five principles in Investors Compensation Scheme (ICS) (see Practice Note: Contract interpretation—the

The Limitation Act 1980 (LA 1980) bars a party from pursuing a remedy after the expiration of a certain period of time, the public policy behind this being finality and certainty that claims will not be brought after a certain period of time. LA 1980, s 5 provides that 'an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued'. An action for the recovery of a debt is an action founded on simple contract. At common law, where no time for repayment is specified in a contract of loan, or where the loan was expressed simply to be repayable 'on demand', the lender’s cause of action in general accrued when the loan was made and time began to run from that moment. See case law: Garden v Bruce;

A contract is substantially performed when: • the purchaser (or a person connected with the purchaser) takes possession of the whole, or substantially the whole, of the subject matter of the contract, or • a substantial part of the consideration is paid or provided For these purposes, HMRC considers a contract to be substantially performed where a purchaser obtains 'the keys to

This Q&A assumes that the tenancy to be granted pursuant to the agreement for lease is a new tenancy under section 1 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). Entry of a notice in the register In registered land, a notice is an entry in the register of title that protects the priority of a specific interest affecting the land in a registered title (or a registered charge). The interest must be an adverse right affecting the title to the estate (or charge). The entry of a notice does not guarantee the validity of an interest or even its existence.

Question 1 This response assumes that the agreement for lease is a ‘new tenancy’ for the purposes of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). Putting the matter somewhat broadly, the combined effect of LT(C)A 1995, ss 2 and 3 is that the benefit and burden of all ‘landlord covenants’ and ‘tenant covenants’ of a ‘tenancy’ (as those terms are defined in LT(C)A 1995, s 28) run with the reversion and the term respectively, unless LT(C)A

In answering this Q&A, research has been limited to cover where a company has correctly signed one copy of a contract but the attestation clause for execution by the other party is not correct. Execution of contracts/deeds Companies can execute deeds in their own name and in their own right by way of: • fixation of the company seal • signature of two authorised signatories • a director in the presence of a witness who attests to the director’s signature (section 44 of the Companies Act 2006 (CA 2006)) As with execution of simple contracts by a company, authorised

For the purposes of this Q&A we have limited our research to cover the distinction between lotteries, competitions and prize draws. In conducting our research we have focussed on the distinction between lotteries, competitions and prize draws. Definitions The meaning of 'prize competition' A 'prize competition' is defined in Gambling Act 2005 (GA 2005) as being any competition or other arrangement where a person may win a prize, but which does not fall within the definition of gambling. The meaning of 'gambling' English law distinguishes three broad types of gambling. These are betting, gaming and lotteries. The statutory definitions are complex, but can generally be distinguished as follows: • betting is the making or accepting of a bet on the outcome of a race, competition or other event or process, or the likelihood of anything occurring or not occurring or whether something is true or not (whether in fact the subject matter

In this situation, an individual has been granted leave to enter as a spouse for the initial period (up to 33 months under the Immigration Rules, Appendix FM, Section E-ECP), but is out of the UK for reasons beyond their control at the point of the extension application for leave to remain as a spouse (under the Immigration Rules, Appendix FM, Section R-LTRP). The type and length of leave required to make a settlement applications is set out at the Immigration Rules, Appendix FM, Section E-ILRP: ‘1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of

Paragraph E-ILRP1.2. contains the following condition for Appendix FM Partner settlement applicants: 'The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).' Thus, when the application that led to the grant of leave in the ten-year route was made, the answer to the question was no, leave having lapsed, unless it could have been argued that paragraph 39E of the Immigration Rules could be invoked on the applicant’s behalf. However, following the grant of limited leave, the applicant

An application for a legal services order is an interim application and made under the procedure specified in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18. FPR 2010, SI 2010/2955, r 28.3(5) provides that the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of