From a practical perspective, the first step is to ensure that the creation of noise etc is in breach of the non-nuisance covenant. In this regard see Length of Term and Contingencies contained in Butterworths Property Law, which explains that specific covenants about the use of the property, eg the use of drains, emission of smells, noise etc may be covered by a more general nuisance covenant, the balance being the manageability of the document against the likelihood of a dispute with the tenant as to whether a specific offending matter (eg loud music) falls

The most recent version of form LPE1 was issued by the Law Society in October 2015. It was prepared with the assistance of a number of professional bodies, such as the Association of Residential Letting Agents, the Conveyancing Association, the Royal Institute of Chartered Surveyors and the National Association of Estate Agents. Form LPE1 is a pro forma containing questions concerning whether a deed of covenant or licence to assign is required (and if so, the conditions to which it may be subject), information about the service charge, the insurance obligations and whether there is a claim for forfeiture of the interest to be assigned. The intention is to provide buyers with a comprehensive range of information about the property in order to assist them in progressing

In this Q&A we have focussed on the recoverability of after the event (ATE) insurance premiums generally. Introduction to ATE insurance and the historic position ATE insurance operates to provide litigants with an indemnity for any adverse costs in litigation and, often, for any disbursements which they have incurred in unsuccessful cases. Such premiums are frequently ‘self-insured’ with the effect that the premium only becomes payable in the event the claim is successful. Before 1 April 2013, in the vast majority of cases the cost of an ATE insurance premium was recoverable from the paying party. The

Double proof in the administration Administrators may make distributions to creditors of a company in administration either to: preferential creditors, unsecured creditors from the prescribed part under section 176A of the Insolvency Act 1986 (IA 1986), or otherwise unsecured creditors with the permission of the court. If it is appropriate for the administrators to agree the claims of creditors in this case, then the administrators should first of all establish who may make a claim in respect of the deficit by finding out what type of pension scheme it is. The Pension Protection Fund (PPF) deals with eligible defined benefit schemes and if the pension scheme is not an eligible defined benefit

We have assumed that: ‘This query relates to the competitive procedure with negotiation under regulation 29 of the Public Contracts Regulations 2015, SI 2015/102.’ Is it permissible for the contracting authority to revise its invitation to tender or other procurement documentation during the procurement process or must they remain unchanged? The statutory formula and process for the competitive procedure with negotiation (negotiated procedure) expressly foresees a contracting authority making revisions to its invitation to tender or other procurement documentation. The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 29(16)(b) directs the authority to ‘inform all tenderers whose tenders have not been eliminated…of any changes to the technical specifications or other procurement documents, other than those setting out the minimum requirements’. While this indication is permissive of changes to the technical specification, changes should not cause the contract in question to fall outside the scope of contracts

There are various statutory enabling powers that allow a public body to acquire land compulsorily, with the approval of a minister. Such powers should only be used where there is a compelling case in the public interest and is intended as a last resort to enable a project to be implemented. Section 226 of the Town and Country Planning Act 1990 (TCPA 1990) allows a local authority to acquire land compulsorily for development and other purposes set out in TCPA 1990, s 246(1). The latter section is widely expressed and allows the assembly of land for regeneration, provided the proposed development is likely to contribute to

The extent of a party’s entitlement to assign any rights under a construction contract, and the question of whether any purported assignment is valid, will in all cases depend upon the particular facts and the terms of the contract and the assignment. We can therefore only answer this question in general terms. Assignment in construction contracts Assignment is the transfer of a right or an interest vested in one party (the assignor) to another party (the assignee). Only rights or benefits under a contract may be assigned. Burdens under a contract (eg an obligation to pay or, in the construction context, complete the works) cannot be assigned the same way as benefits, and remain with the original party/assignor. Subject

The purpose and status of the Bill of Quantities in a construction contract depends on the pricing/procurement route that has been adopted (see Practice Note: Construction contract documents). The rates contained in the Bill of Quantities will be inserted by the Contractor at tender stage or during pre-contract negotiations. The Bill of Quantities is, in some circumstances, provided to the contractor at tender stage purely to allow it to calculate its price. However, depending on the terms of the contract, the Bill of Quantities may or may not be part of the contract (ie a contract document) and this could affect the ability of the parties (or others acting on their behalf) to vary its contents. The Quantity Surveyor (QS) might seek to vary the rates in the Bill of Quantities if it disagrees, for some reason, with

ADR for consumers The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, SI 2015/1392 (the 'Amended Consumer ADR Regs') implements the EU alternative dispute resolution (ADR) Directive 2013/11/EU which aims to promote the use of ADR in consumer disputes by encouraging the use of approved ADR entities that ensure minimum quality standards. The EU ADR Directive 2013/11/EU is the European Parliament's response to recognition both that ADR is an effective, low-cost and speedy means of resolving consumer disputes (thus promoting trade) and yet that the provision of ADR services throughout the union is currently fragmented and inconsistent. The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542 (the Consumer ADR Regulations) do not make ADR of consumer disputes mandatory, however, ADR must be made available where both parties agree to use it and the regulations therefore include requirements as to making available

Where the buyer has shipped the goods onwards, English law will consider whether the buyer acted as having accepted the goods. Section 35(6) of the Sale of Goods Act 1979 (SGA 1979) provides that the buyer is not deemed to have accepted the goods ‘merely because the goods are delivered to another under a sub-sale or other disposition’. See also Commentary: Resales: Halsbury’s Laws of England [313]. Upon taking delivery, the buyer should take every opportunity where possible to examine the goods. SGA 1979, s 34 provides that the seller is bound on request to allow the buyer a reasonable opportunity of examining the goods. In such circumstances, the buyer should act promptly and keep the seller

The Isle of Man The Isle of Man is a self-governing Crown dependency. It has never become part of the Kingdom of Great Britain or the UK and has never been part of the EU. It has its own system of laws, although some Acts of Parliament in Westminster have been extended to the Isle of Man. The Isle of Man is not listed as a member of the HCCH although it has made a declaration in respect of the Hague Service Convention, see here. Jurisdiction In relation to jurisdiction, the English courts and the islands courts would apply common

It is not uncommon for a contractual option to contain conditions precedent which if they are not satisfied by a certain date (or, as in this scenario, they are satisfied by a certain date) will mean that the contract is no longer enforceable. Therefore as in this scenario, party A may require party B to take a transfer of land unless the relevant condition is satisfied. If the condition is satisfied, the right of party A to require party B to take the transfer falls away. Contracts will often contain a waiver provision in relation to the condition but where the contract