This Q&A assumes that the unmarried person in the property has a beneficial interest in the property under a trust of some form. Registration of a notice Notices are entries in the register in respect of the burden of an interest affecting a registered estate or charge (section 32(1) of the Land Registration Act 2002 (LRA 2002)). Notices protect encumbrances (other than charges) that are intended to be capable of binding any owners of the land, such as an option. Protecting an interest by a notice gives it priority

Transparency obligations generally ‘Transparency’ is an overarching obligation under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) applying to the following three areas: • the provision of information to data subjects related to fair processing • how controllers communicate with data subjects in relation to their rights under the GDPR, and • how controllers facilitate the exercise by data subjects of their rights The concept is embodied in the first GDPR data protection principle, set out in Article 5(1)(a), which requires personal data to be 'processed lawfully, fairly and in a transparent manner in relation to the data subject'. Article 12 of the GDPR sets out these general transparency requirements. In each case, the information being provided or the communication in question must be: • concise,

CPR 6.34 applies where permission to serve a claim form outside England and Wales is not required. In such circumstances, the claimant/claimant solicitors must complete Form N510. Where serving a claim form in France, the bases on which a claim form may be served without permission changed on 31 December 2020 at 11 pm (IP completion day). As a consequence, currently the only basis on which a claim form can be served in France without the court's permission is if the parties have entered into an exclusive jurisdiction agreement that complies with the requirements in the Hague Convention on Choice of Court Agreements. For guidance, see Practice Note: Cross-border service—serving in an EU Member State. Note that the rules are changing on 6 April 2021 so that permission will not be required if the parties have

By way of background, possessory title is granted where the land owner claims to have acquired the land by adverse possession or where he cannot produce documentary evidence of title for some reason. It will be granted if the applicant is in actual possession of the land, or in receipt of the rents and profits of the land and it cannot be registered with any other title. Registration with possessory title has the same effect as registration with absolute title except that any adverse rights are excepted from the effect of registration, and their priority is protected on the registration of a registrable

Procedure Statute limits a landlord’s right to forfeit (this includes service of a section 146 notice (section 146 of the Law of Property Act 1925)) a long residential lease for non-payment of: • rent • service charge, or • administrative charge If the property is: • occupied—court proceedings must be used as the landlord cannot forfeit by peaceable re-entry • unoccupied—court proceedings do not have to be used, as the landlord can peaceably re-enter, but must not use or threaten violence against anyone in the property Under section 81 of the Housing Act 1996, the landlord cannot forfeit for non-payment of service charge or administration charge unless the amount payable has been: • admitted by the tenant, or • finally determined by a court, First-tier Tribunal (Property Chamber), or arbitral tribunal Once the determination is made, although historically it was considered that a section 146 notice need

Where the path to be diverted is not yet on the definitive map, the correct procedure would be for: • the highway authority to make a definitive map modification order to cause the undiverted route to be added to the definitive

The response below is drafted on the assumption that: • a licence is being granted (or has already been granted and is being varied) from one business to another, and not from a business to a consumer • the software is not ‘off the shelf’ but is bespoke and has been created for the licensee • there is scope for negotiation between the licensee and licensor • the licensee is considering adding provisions for a certain transaction/event to take place (the ‘purchasing’ of the licence) on the occurrence of a trigger event As a general point, the arrangements that are being contemplated are unusual in software licensing and care should be taken to fully consider the legal and commercial implications. This Q&A only provides some

This response considers the extent of the powers of a mortgagee once the mortgagor has defaulted in complying with an obligation arising under a mortgage. It draws the distinction between the powers of a mortgagee of residential premises and one of commercial premises. As Harman J put it graphically in Four-Maids Ltd v Dudley Marshall (Properties) Ltd, ‘The mortgagee may go into possession before the ink is dry on the mortgage unless there is something in the contract, express or by implication, whereby he has contracted himself out of that right…If there is a provision that, so long as certain payments are made, he will not go into possession, then he has contracted himself out of his rights. Apart from that, possession

We have assumed for the purposes of this Q&A that the property is left to trustees subject to a right for a person to live in or occupy it for their life and after their death for the property to pass to defined beneficiaries. Such situations most generally arise when, say, a husband owns the family home and wishes to make sure that his (second) wife is able to remain living in the property after his death, even though the house itself has been left to their children. His will would create a life interest

The leading statement on interpretation of contracts is to be found in Investors Compensation Scheme v West Bromwich Building Society, where Lord Hoffmann sets out five principles. These were later summarised by Lord Bingham in BCCI SA (in liquidation) v Ali as follows: ‘To ascertain the intention of the parties, the court reads the terms of the contract as a whole, giving the words used their natural and ordinary meaning in the context of the agreement, the parties’ relationship and all the relevant facts surrounding the transaction so far as known to the parties. To ascertain the parties’ intentions, the court does not of course inquire into the parties’ subjective states of mind but makes an objective judgment based on the materials already identified.’ In the (assumed) absence of an interpretation clause within the document which confers the right in question,

The general rule is that where an asset is disposed of under an unconditional contract, disposal is treated as taking place when the contract is made (section 28(1) of the Taxation of Chargeable Gains Act 1992). This does not mean that the contract itself is a disposal. If the contract is never completed, there will normally have been no disposal, despite

In this Q&A, the company in question is assumed to be a private company, due to the fact it has passed a written resolution. The directors of private companies with only one class of shares may exercise the power to allot shares of the same class in the company or to grant rights to subscribe for, or to convert any security into, shares in the company without prior authority, except to the extent that they are prohibited from doing so by the company's articles of association or if the company is incorporated under the Companies Act 1985 (section 550 of the Companies Act 2006 (CA 2006)). For further information, see Practice Note: Allotment and issue of shares—private companies with one class of shares. If this does not apply