A bailee's right to sell uncollected goods A bailee has a statutory right to sell goods entrusted to him in cases where a bailor is under an obligation to take delivery of the goods (see section 12(1), (3) of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977)). The obligation is imposed by the bailee giving notice in writing to the bailor specifying the name and address of the bailee, giving particulars of the goods and the place where they are held, stating that the goods are ready for delivery to the bailor, and specifying the amount, if any, which is payable by the bailor in respect of the goods (see T(IG)A 1977, s 12(2) and Sch 1, para 1(3)). Subsequently

The Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability notes that 'it is possible for a private individual to be a sponsor, but only if they are a sole trader, in order to sponsor a person(s) to work in their business'. The authority for this statement is the Workers and Temporary Workers—guidance for sponsors part 1: apply

The key issues to examine when considering whether a guarantee could be set aside as an antecedent transaction are: • transactions at an undervalue, and • preferences Transactions at an undervalue For information on transactions at an undervalue in general in a corporate insolvency context, see Practice Note: Introductory guide to antecedent transaction claims—considerations for lending transactions—Transactions at an undervalue. A guarantee could be set aside as a transaction at an undervalue The court is entitled to set aside a transaction under section 238 of Insolvency Act 1986 (IA 1986) in the case of a corporate insolvency or IA 1986, s 339 in the case of individual bankruptcies if: • in the case of: ◦ a company, it entered into that transaction (a) as a gift or on terms providing that it will receive no consideration, or (b) on terms providing that it

The ownership of highway land was addressed by Lord Denning in Tithe Redemption Commission v Runcorn Urban District Council when referring to the Local Government Act 1929 (LGA 1929): 'The statute of 1929 vested in the local authority the top spit, or, perhaps, I should say the top two spits, of the road for a legal estate in fee simple determinable in the event of its ceasing to be a public highway. This estate ranks as a fee simple absolute in possession, because the statute of 1929 comes within the category of similar statutes mentioned in the Law of Property Act, 1925, s 7(1). This category comprises all statutes which vest property in a body for public purposes, with a proviso, express or implied, that their interest shall determine if the property should cease to be required for those purposes. The local authority is, therefore, the estate owner in respect of the fee simple.' Section

An easement can be released expressly or impliedly. It can be created in fee simple or for a term of years—see section 1(2)(a) of the Law of Property Act 1925, which states that: ‘The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are— a. An easement, right, or privilege in or over land for an interest equivalent to an estate

Generally, rights over land can be granted in various ways, being, commonly, by way of lease, licence, or easement. A lease gives a demise of a proprietary nature of specified land, for a term, at a rent, and will ordinarily be assignable. A licence will ordinarily give a personal, normally contractual, right to a person to do something in respect of the land. An easement is a right that is granted usually in respect of a benefit to adjoining land, and will run with the land. An easement may be granted for a term of years, meaning that the right pertains for a certain period of time. These are sometimes referred to as leases of easements, though there is a distinction between a lease and an easement. It is important when drafting the deed that grants the right to be clear as to what

A lease is, as will be well-known, the grant of a right to the exclusive possession of land for a determinable period of time. This period is most commonly referred to as the ‘term’. The contractual term is usually defined as a term of years beginning on and including the date of the lease and ending on, and including a specified date. The contractual term of a lease cannot begin until the lease is executed. However, the lease may express the term to be calculated from a date that precedes the execution date. If the term is stated as beginning before the lease is granted, it is a matter of construction whether the tenant’s obligations extend to the pre-grant period. Rent payable before the date of the

The life tenant can surrender their life interest unilaterally, without the consent of any other beneficiaries. In that case, the interest of X and Y in half of the fund will be accelerated (this will be a potentially exempt transfer (PET)), and the other half of the fund will then be held on the discretionary

It is possible for the beneficiary of a qualifying interest in possession (QIIP) to release part of their interest—see section 52(4) of the Inheritance Tax Act 1984 (IHTA 1984). Inheritance tax (IHT) chargeable under these provisions on the coming to an end of part of a QIIP is charged as if the value of the property (or part) in which the interest subsisted were a corresponding part of the whole. Inheritance tax The termination of the

Electric-cigarettes (e-cigarettes) are currently regulated in the UK as a consumer product which do not require products to be tested before being put on the market. This means that there are limited restrictions on the sales of e-cigarettes in the UK save that on 1 October 2015, it became illegal to sell e-cigarettes to under 18s or to purchase such products as a proxy for under 18s. However, Directive 2014/40/EU (on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco

Mortgagee’s power to grant option to purchase The lender will have the right, as mortgagee, to take possession of the property at any time, regardless of whether there is a default, for the purpose of protecting or enforcing its security. The lender will become a mortgagee in possession. For commercial property, a legal mortgagee has a right to possession of the property without notice or demand and usually without a court order. A mortgagee has the right to sell the property, free from the mortgagor's interest. This power arises either under the statutory power derived from section 101(1) of the Law of Property Act 1925 (LPA 1925) (where the mortgage is by deed) or under an

A sub-charge is a registerable disposition under section 27(3)(b) of the Land Registration Act 2002 (LRA 2002). See also LRA 2002, s 53. LRA 2002, s 23(2) provides that the owner of a registered charge who is the registered proprietor (or person entitled to be registered as the proprietor) has the power to charge at law, with the payment of money, the indebtedness secured by the charge. Other kinds of legal sub-mortgage are not permitted. However, it is advisable to check the primary finance documents to ensure that there is no contractual restriction on the chargee granting a sub-charge (though in practice