Small claims costs In the small claims track, the court can only order costs as set out in CPR 27.14 unless there is a contractual right for costs. It is therefore important to consider whether there is any contractual right to be awarded costs in the event of a dispute between the parties. If there is, the court will apply that contractual right under CPR 44.5 when determining costs. This was considered by the Court of Appeal in Chaplair v Kumari. In that case a lease provided for the payment of costs and the Court of Appeal held that the court was not restricted to the fixed costs provided for in CPR 27. For a detailed analysis of this decision, see News Analysis: Lease

This Q&A raises the entitlement of a landlord to claim costs incurred in connection with a claim made by a tenant for a new lease under Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). This right is the right of a tenant who has held a long lease of residential premises (a ‘qualifying tenant’) for more than two years to acquire a new lease of it: at a peppercorn rent for a term expiring 90 years after the term date of the existing lease (LRHUDA 1993, ss 39 and 56(1)). The right is exercised by serving a notice of the claim to a new lease on the landlord (LRHUDA 1993, s 42(1)). It must contain certain matters, including

The court has power under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) to make an order for partition of trust land, even without the beneficiaries' consent. This involves the

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) is a wide-ranging and powerful statute which allows the court, on the application of a person legally or beneficially interested in land to exercise the powers of the trustees of that land; to declare the beneficial ownership of the relevant property, and to make orders for sale. Absent any clear declaration (such as a deed of trust) which is conclusive of the beneficial ownership of property (Goodman v Gallant), residential property will be considered according to

The date of commencement of an arbitration under the London Court of International Arbitration Rules 2014 An arbitration in the London Court of International Arbitration (LCIA) is commenced by the claimant delivering the request for arbitration to the LCIA Registrar (the Registrar) (LCIA, Art 1). As this Q&A has identified, the date of commencement of an LCIA arbitration is the date of receipt of the request by the Registrar, subject to the actual receipt of the registration fee as provided by LCIA, Art 1.4. A respondent will learn of the date of the commencement from the LCIA secretariat. As a matter of practice, the LCIA secretariat

Generally, planning permission is not required to plant trees, as planting trees would not constitute ‘development’ for the purposes of sections 55 and 57 of the Town and Country Planning Act 1990 (TCPA 1990). Whether a bund constitutes operational development for the purposes of the TCPA 1990, s 55 is a matter of fact and degree. Operational development includes building operations, engineering operations, mining operations and other operations. Whether an activity amounts to a building operation depends on the size, permanence and degree of physical attachment. For more information on when planning permission is required for operational development, see Practice Note: Operational development. However, the normal rules on when planning permission is required are more stringent in Areas of Natural Beauty (AONBs), as AONBs benefit from special protections under statute and policy. Section 85 of the Countryside and Rights of Way Act 2000 imposes a general duty on all relevant authorities to ‘have regard to the purpose of conserving

Serving court proceedings Court proceedings must be served within a set period of time. Serious consequences can arise in failing to serve court proceedings within the deadline; see Practice Notes: Service in England and Wales—a guide for dispute resolution practitioners, Serving documents (excluding the claim form, particulars of claim and defence) and Time limits for filing and serving statements of case in England and Wales. Awards for provisional damages CPR 41, Part I deals with awards for provisional damages. CPR 41.2(1) provides that a court may make an order for an award of provisional

A fixed term assured shorthold tenancy (AST) may contain an express break option, allowing one or both parties to determine the fixed term AST subject to compliance with the provisions of the break clause. In the present scenario, the fixed term AST contains a right for the

We assume this Q&A is referring to the assignor and their guarantors requiring an indemnity (as opposed to a guarantee) from the assignee’s guarantors in the event that the assignor has to pay out under the authorised guarantee agreement (AGA), as outlined in clause 7.2 of our Precedent: Deed of assignment of a lease. See Practice Note: Acting for a tenant—assignment of existing lease—key issues which explains that an indemnity covenant is designed to protect the tenant from obligations which will continue to bind the tenant after completion. Where required: • the indemnity covenants

It is possible for an insurer to avoid an insurance policy on the basis of non-disclosure and/or misrepresentation of material facts (see, by way of example, Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd). An insurance contract is one of utmost good faith, and failure by the insured to disclose a material fact, or misrepresentation of a material fact, potentially enables the insurer to make use of the legal remedy of avoiding the policy. If the policy is avoided, the insurer is entitled to act as though the policy never existed. However, the circumstances that allow an insurer

For information on disclosure generally, see: • Practice Note: Disclosure in employment tribunal proceedings, and • Harvey PI [451]–[517]: Disclosure and Inspection More detailed information on disclosure is provided in Lexis®+ UK’ dispute resolution materials, see: Disclosure—overview (separate subscription may be required). Employment tribunals have the power under Rule 31 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (ET Rules 2013) to order any person in Great Britain (including, of course, but not limited to, persons who are a party to the proceedings) to: • disclose documents or information to a party to proceedings (by providing copies or otherwise) • allow a party to

For information on awards of compensation or damages for injury to feelings and psychiatric personal injury in discrimination and other prohibited conduct claims generally, see Practice Note: Prohibited conduct claims: injury to feelings and personal injury. The Compensation Recovery Unit (CRU), which is part of the Department for Work and Pensions