Easements An easement is a legal right which one person has over the land of another, which benefits the land of the person who has the right in question. It is a right which falls short of possession of the land. The land over which the right exists is known as the servient tenement, and the land in favour of which the right exists is known as the dominant tenement. In order for a right to be an easement it must have the following characteristics: • there must be a dominant and a servient tenement • the easement must accommodate the dominant tenement • dominant and servient owners must be different persons, and • the right must be capable

The rules detailing the bankruptcy petition procedure are found in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. For comprehensive information on the bankruptcy petition procedure, see Practice Notes: • Bankruptcy petitions—process and procedure post-presentation of the petition • How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effected • Practice Direction on Insolvency Proceedings Under IR 2016, SI 2016/1024, r 10.21, the petitioning creditor will need to ensure that at least 14 days has elapsed since the bankruptcy petition was served on the debtor for the petition to be heard. The petition can only be heard if less than 14 days

Differences between tort and contract? There are three key differences between tort and contract: • tortious and contractual duties are determined through different means. It is the law—itself developed by society through the State and judges—which defines tortious duties. Individuals do not actively choose the tortious obligations they must meet in certain scenarios; rather, how people ought and ought not to behave in their dealings with others is decided for them. Contractual duties, on the other hand, only arise as a result of an agreement made between two parties and are therefore voluntarily assumed • a person owes a tortious duty to others generally or to a type of person in a certain situation, whereas a person only owes a

It is worth noting that, under the terms of the lease, the landlord’s consent to the assignment may be required. If so, the landlord may require this to be documented

Claims for holiday pay may be brought before an employment tribunal in one of three ways: • as a claim for statutory holiday pay under the Working Time Regulations 1998, SI 1998/1833 (WTR 1998) (failure to pay it is a breach of regulation 16 brought under regulation 30(1)(b), and for failure to pay in lieu of untaken holiday it is a breach of regulation 14 brought under regulation 30(1)(b)) • statutory or contractual holiday pay as a deduction of wages claim, contrary to section 13 of the Employment Rights Act 1996 (ERA 1996) and brought under ERA 1996, s 23(1)(a) (HMRC v Stringer established that statutory holiday claims can be brought under ERA 1996 as well as under WTR 1998) • contractual holiday pay as a breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, SI 1994/1623, arts 3 and

The provisions in section 15 of the Leasehold Reform, Housing and Urban Development Act 1993 about the nominee purchaser are comparatively limited. They are to be appointed by the participating tenants and may be removed by them forthwith

When it comes to calculating compensation for a dismissal that is both unfair for the purposes of Part X of the Employment Rights Act 1996 (ERA 1996), and discriminatory for the purposes of the Equality Act 2010 (EqA 2010), it is important to consider the differences in remedy between the two types of claim and the rules that govern how compensation is calculated in each case. Unfair dismissal claim (ERA 1996) Generally, an award of compensation for unfair dismissal can consist of: • a basic award (calculated in much the same way as a statutory redundancy payment—for further information, see Practice Note: The basic award) • a compensatory award • an additional award (where an order for reinstatement or re-engagement is not complied with) As to the compensatory award, it: • is such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the employee as a result of dismissal and in so far

How Part 36 works in relation to multiple parties depends on what offer(s) were made and on precisely what terms, as detailed in Practice Note: Part 36 offers—multiple defendants or multiple proceedings. Unfortunately, we have been unable to find any specific authority on the precise point raised. However, by way of further explanation of the authorities noted in the above Practice Note: In Linklaters Business Services v Sir Robert McAlpine Ltd, Linklaters as claimant had made two separate Part 36 offers to the two defendants (McAlpine and How). In each, Linklaters offered to accept £2.28m (at trial Linklaters ‘beat’ this sum being awarded £2.8m). Linklaters had made separate (albeit identical) Part 36 offers because it had brought separate claims against the two defendants, arising out of the same matter, and a subsequent application to consolidate

Highways England is an entity established and owned by the government to manage the motorways and A-roads in England. It has been granted the ability to use compulsory purchase powers to require the purchase of property to carry out infrastructure

It is not known whether the Compulsory Purchase Order (CPO) was confirmed prior to 3 February 2017 when the procedure for making general vesting declarations (GVD) changed in relation to CPOs made after 3 February 2017, but, in either case, notice has to be given of the effects of the making of a GVD. In CPOs made before 3 February 2017, a Preliminary Notice is to be served pursuant to section 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (CP(VD)A 1981) either in the notice confirming the CPO or by a separate notice setting out the effect of CP(VD)A 1981 (ie the ability of the acquiring authority (AA) to make a GVD vesting all or part of the land, the subject of the CPO in the AA and the ability of those affected by the GVD to claim compensation). For CPOs made after 3 February

Is the estate contract required in order for the agreement to be registered at HM Land Registry? LRA 2002, s 32(1) provides that a notice may be entered in the register 'in respect of the burden of an interest affecting a registered estate or charge.' LRA 2002 does not set out an exhaustive list of what constitutes an 'interest', although LRA 2002, s 33 identifies certain interests that cannot be protected

Paragraph 12.4(2) provides: 'At a disposal hearing the court may – (a) decide the amount payable under or in consequence of the relevant order [emphasis added] and give judgment for that amount; or (b) give directions as to the future conduct of the proceedings' CPR PD 26, para 12 has a heading 'Determining the Amount to be paid under a Judgment or Order' and CPR PD 26, para 12.1(a), under the heading 'Scope', defines a 'relevant order' as “'a judgment or order of the court which requires the amount of money to be paid by one party to another to be decided by the court and (b) a ‘disposal hearing’ means a hearing in accordance with paragraph 12.4' and CPR PD 26, para 12.1(3) states that a relevant order includes 'any order for the amount of a debt, damages