A contract may be formed orally, in writing or a combination of both. The terms that are agreed by the parties will be subject to the usual rules of contract construction and interpretation. See: Formation and interpretation—overview. The remedies for any breach of contract will depend on the terms

While it may depend on the context, it is likely that the obtaining of a charging order (and therefore of an interim charging order) will fall within the meaning of the phrase ‘enforcement action’. The phrase ‘enforcement action’ is not defined, in either the Civil Procedure Rules 1998, the Courts Act 2003 or the Tribunals, Courts and Enforcement Act 2007. (It is defined

What is the issue? The Criminal Finances Act 2017 (CFA 2017) created a new corporate offences of failure-to-prevent facilitation of tax evasion. Your firm can be held liable for this corporate offence if a person acting in the capacity of an associated person criminally facilitates a tax evasion offence. The definition of associated person is broad and can embrace a wide range of business relationships: • an employee who is acting in the capacity of employee • an agent (other than an employee) who is acting in the capacity of an agent, and • any other person who performs services for or on behalf of the firm who is acting in the capacity of a person performing such services—questions as to whether a person is performing services for or on behalf of a firm will be determined by reference to all relevant circumstances, not merely the nature of the relationship, contractual status or label applied to that person An associated person can be an

A right of way over private land is a form of easement and may come with the burden of a covenant requiring the landowner (of the dominant land, the servient land or both) to pay or contribute towards the costs of maintaining that right of way. A right of way can be extinguished by the principle of seisin (the dominant and the servient land coming into common ownership and possession); by abandonment, though this is hard to make out; or by release by way of a deed. Usually, the deed will release the right of way and all associated covenants, including the covenant to contribute. This scenario relates to the situation

Under section 1 of the Land Charges Act 1972, the Land Charges Department keeps the following registers: • a register of land charges • a register of pending actions and pending actions in bankruptcy • a register of writs and orders affecting land and writs and orders in bankruptcy • a

Information as to the identity of driver Section 172 of the Road Traffic Act 1988 (RTA 1988) places a duty on the registered keeper of a vehicle to provide information as to the identity of the driver as they may be required to give by or on behalf of a chief officer of police where the driver of a vehicle is alleged to be guilty of an offence under RTA 1988 (apart from an offence falling in RTA 1988, s 172(1)). The obligation to provide information is mandatory. Contravention of RTA 1988, s 172 constitutes a summary only offence for which the defendant can be fined up to £1,000, be disqualified or have their licence endorsed with six penalty points. For more information

Is an offence contrary to section 5 of the Road Traffic Regulation Act 1984 a criminal offence or a civil enforcement offence? A person guilty of a breach of section of 5(1) of the Road Traffic Regulation Act 1984 (RTRA 1984) commits a criminal offence, liable on summary conviction to a fine not exceeding level 3 on the standard scale. See: • sections 9 and 33(1) of the Road Traffic Offenders Act 1988 (RTOA 1988) and RTOA 1988, Sch 2 Pt I • Commentary: Contravention of traffic regulation order: Halsbury's Laws of England [552], and • Cambridgeshire County Council v Associated Lead Mills Ltd As

Many of the common environmental offences impose strict liability on the actions of a defendant. When an offence does not require proof of a mental element, or where no fault element is required in relation to one element of the actus reus but where mens rea is required in relation to other aspects, it is an offence of strict liability. In order to secure a conviction for a strict liability offence the only thing which needs to be proven is the act or omission which forms part of the offence and there is no need to prove any negligence or fault on the part of the defendant. See Practice Note: Strict liability. The justifications for imposing strict liability for environmental crimes include: • it is in the public interest to do so • it acts as a deterrent so that those who have to comply with the law do not take risks, and

Formation of contract There are only two forms of contract—deeds and simple contracts. See Practice Note: Executing documents—deeds and simple contracts. A deed is a contract executed under seal, signed by the parties and witnessed. A simple contract can be oral or in writing. Contracts other than deeds are analysed in terms of offer, acceptance and the intention to create legally binding relations. See: Formation and interpretation—overview. There are three fundamental differences between deeds and simple contracts: • unlike a simple contract, certain formalities are required for a deed as set out in section 1

Section 106 agreements are agreements between landowners, local planning authorities (LPAs), and other relevant parties which seek to provide mitigation to overcome planning objections to proposals and make the development acceptable in planning terms. Further information regarding section 106 agreements can be found in Practice Note: Planning obligations—key points. Section 106(1) of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) provides that section 106 agreements may be entered into by 'any person interested in land'. There is no definition of an 'interest in land' for the purposes of TCPA 1990, s 106, however the case of Southampton CC v Halyard Ltd confirmed that 'interest in land' meant that a proprietary interest in the land was required. Conditional contracts, call options, put options, and promotion agreements are all structured differently, and so whether a proprietary interest in land

If the lease is an old tenancy, then an option to buy the reversion does not touch and concern the demised land and therefore the burden of such an option does not run with the reversion (Woodall v Clifton). Therefore section 142 of the Law of Property Act 1925 does not apply. If the lease is a new tenancy, then an option to buy the

It is not possible for business property to be ‘relevant business property’ for the purposes of business property relief (BPR) in section 105 of the Inheritance Tax Act 1984 (IHTA 1984) where a binding contract for its sale has been entered into at the time of the transfer (unless, in the case of a business or an interest in a business, the consideration is shares in the buying company or, in the case of shares, there is a reconstruction