The executors of a disputed Will should be joined as a party, albeit they should maintain a neutral position in respect of the claim. See Practice Note: Probate actions—lack of testamentary capacity, subsection ‘The role of the executor’. Pursuant to CPR 57.6(1), in a probate claim for the revocation of a grant of probate or letters of administration,

It is standard practice for sellers to provide replies to standard enquiries, usually using the Law Society Property Information Form or a variant of it. This allows for disclosure of matters which might be relevant to the buyer and their decision to purchase the property. There is no legal requirement for the buyer to give such replies or information, but if such information is given, and it is not in fact correct, this could potentially give rise to a claim. Where there has been a misdescription of the property, this may amount to a breach of contract and,

For the purposes of our response, we have assumed that the tenant company is not a charitable housing trust. We have focussed on the issue of the ‘qualifying tenant’ for the purposes of collective enfranchisement (and not specifically on other criteria which need to be satisfied). It is not clear what the purposes of the tenant company is (for example, is it in the business of providing residential accommodation?) or the terms of the long lease it holds and the terms of the short-term leases it grants. Section 5 of the Leasehold Reform and Urban Development Act 1993 (LRHUDA 1993) concerns who is a ‘qualifying tenant’ for the purposes of collective enfranchisement. This provides

In these circumstances, a protective claim will have been issued under CPR 8 in accordance with CPR PD 8B, para 1.1(3) using the procedure in CPR PD 8B, para 16. The claim will have been issued, and the Part 8 claim form served on the defendant solicitors, along with a copy of the court ordered stay on proceedings to allow the Stage 2 procedure to complete. None of the specific cases dealt with in CPR PD 8B, para 16 apply in these circumstances. Per CPR PD 7A, para 5.1 (which also applies to CPR 8 by virtue

The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 57, sets out mandatory and discretionary grounds for exclusion of economic operators. The grounds for exclusion are ongoing and contracting authorities must ensure that bidders deemed eligible to tender maintain their eligibility throughout the procurement process. PCR 2015, SI 2015/102, reg 57(8)(g) allows exclusion for poor past performance where the performance has been ‘significantly or persistently deficient’ and such poor performance has led to early termination, damages or other comparable sanctions. Eg failure to provide information on request, on its own, may not be sufficient to meet all parts of the test. It is only where such breach leads to early termination of that prior contract, damages or other comparable sanction that this exclusion ground is triggered. Accordingly, the contracting authority seeking to

Since the 12th century, 'inclosure' (an archaic form of 'enclosure') has been taking place. Land was previously divided into various strips which were farmed by tenant farmers as common land upon which each had various rights. Enclosure involved the parceling up of common land and its allocation to those who were held to have rights to it. It has its roots in the feudal system, the ending of usufructuary rights and the appropriation by lords of the manor of title to land, to which they then granted

Do directors have to sign the same solvency statement? In accordance with the Companies Act 2006, s 643(1) (CA 2006), each director must make the solvency statement on the same day, but there is no requirement that all directors must be in the same location when they make the statement. Counterparts are

The duty to consider and consult on alternative employment in a redundancy situation An employer’s duty to consider and consult on alternative employment is one of the essential components of a fair redundancy procedure (Polkey v A E Dayton Services). This means that a redundancy dismissal is likely to be unfair if this duty has not been complied with. For further information generally about a fair redundancy procedure: • in an individual consultation process, see Practice Note: Redundancy—fair procedure: individual consultation • in collective redundancy process, see Practice Note: Redundancy—fair procedure: collective consultation The duty to consider and consult on alternative employment means that the employer should take reasonable steps to find the selected employees alternative employment within the organisation

Statutory enhanced protection from redundancy is available to employees during pregnancy, maternity leave, adoption leave and shared parental leave, and for an additional period after those types of statutory family-related leave, under Maternity and Parental Leave etc Regulations 1999, SI 1999/3312, reg 10(1)–10(2), Paternity and Adoption Leave Regulations 2002, SI 2002/2788, reg 23, Shared Parental Leave Regulations 2014, SI 2014/3050, reg 39(1). Where, during the protected period, it is not practicable by reason of redundancy for the employer to continue to employ the employee under their existing contract of employment, then the employer must offer the employee any suitable available vacancy that exists with either: • the employer • the employer's successor, and/or • any associated employer For

The Building Regulations 2010, SI 2010/2214 are made under the Building Act 1984. They impose a set of minimum standards on people carrying out certain specified works in or about buildings. Their purpose is to ensure the health and safety of people in and around all types of buildings (ie domestic, commercial and industrial).

Right of first refusal Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987 explains that Part 1 of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when he proposes to dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice on the qualifying tenants and requiring that the disposal is made in accordance with

It is not uncommon for a lease to contain a series of rules with which a lessee must comply. Although more common in larger blocks or developments, they might be employed in a demise of the entirety of the landlord’s interest. Often they will take the form of a series of rules governing conduct by the lessee. They will often, but not always, be in common form so that each lessee has the same obligations even if on a proper construction of the lease, one tenant cannot require the landlord to enforce the obligations against another in the