A right to hunt falls within the class of sporting rights that are traditionally reserved by way of a profit a prendre in the event that a separate registered interest is to be created. Alternatively, rights can be licensed or leased by deed, and much depends on what is desired in terms of the ability to pass on those rights, their extent and their terminability. A profit a prendre is the right to do something on land and to take something from that land—for example, the right to fish on land belonging to another, and to take from that land the fish caught. At law, an individual is not able to own a wild animal absolutely while it is live (save those animals deemed to be the property of the Crown). An individual only has a qualified

Section 1 of the Law Reform (Miscellaneous Provisions) Act 1970 (LR(MP)A 1970) deals with the legal consequences of termination of a contract to marry, and provides that engagements to marry are not enforceable at law, at LR(MP)A 1970, s 1(1) which provides that: ‘An agreement between two persons to marry one another shall not under the law of England and Wales have effect as a contract giving rise to legal rights and no action shall lie in England and Wales for breach of such an agreement, whatever

For information on nil rate band (NRB) discretionary trusts generally, see Commentary: General points on nil rate band discretionary will trusts: Encyclopaedia of Forms and Precedents (42(3)) [1]–[11], which explains that prior to the introduction of the transferable nil-rate band (TNRB) on 9 October 2007, it was standard to include an NRB discretionary trust in Wills for spouses and civil partners, so as to preserve the NRB for the estate of the first to die. This was because the remainder of the estate could pass to the surviving spouse or civil partner free of inheritance tax (IHT), due to the spouse exemption, whilst the amount of the NRB could pass to children or remoter issue if not required by the surviving spouse or civil partner. If it was required, then a debt or charge scheme was used, whereby the surviving spouse or civil partner borrowed the amount of the NRB trust during their

This Q&A raises the effect of clauses in long leases which automatically increase the ground rent which is payable. In particular it raises the nature of the statutory protection which might apply to it and whether the lease will attract assured status under the Housing Act 1988 (HA 1988). Long leases of residential premises, which are granted upon the payment of a premium, usually make provision for the payment of rent. Although typically referred to as a ground rent, there is no magic in this terminology. It simply reflects the reality that the sum payable is not the market letting value of the land—instead it is more in the nature of a nominal sum. The effect of an escalation provision, however, is that the amount can cease to be so nominal over the passage of time. There has been much coverage in both the legal and national

We have assumed that the original tenancy was granted on or after 1 October 2015. A notice under subsection 21(1) or (4) of the Housing Act 1988 (HA 1988) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement (HA 1988, s 21A). Energy performance certificate The requirements prescribed under the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (the Prescribed Requirement Regs), SI 2015/1646, reg 2 for the purposes of HA 1988, s 21A in respect of energy performance certificates (EPCs) are the requirements contained in the Energy Performance of Buildings (England and Wales) Regulations 2012 (the EPC Regs 2012), SI 2012/3118,

In the present case, there appears to have been a fixed term of six months. For whatever reason, it was agreed that the rent due for the entirety of the term would be paid in advance. It is not clear within the tenancy agreement if there was to be a single payment in respect of that six-month term or whether it provided for

To establish that express terms and conditions have been incorporated into a contract, the party seeking to rely on them must show that it has done what is reasonably sufficient to give the other party notice of them: Thornton v Shoe Lane Parking Ltd and Parker v South Eastern Ry. This will be a question of fact in each case. The more onerous or unusual the terms, the more that needs to be done to bring them to the notice of the other party: Interfoto Picture Library v Stiletto Visual Programmes. A summary of this rule and related issues can be found in the following Practice Notes: • Contract interpretation—express terms in contracts, and • Contract interpretation—terms implied

Section 48(1) of the Landlord and Tenant Act 1987 (LTA 1987) provides that a landlord of premises which consists of, or incudes, a dwelling and which is not held on a tenancy to which Part II of the Landlord and Tenant Act 1954 applies: ‘….shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.’ Pursuant to LTA 1987, s 48(2), a tenant will not be liable for the payment of rent, service charge or administration charges due under a lease (save for circumstances where these are payable to a receiver or manager whose functions include receiving rent etc), until such time as the landlord has complied with its obligation under LTA 1987, s 48(1). LTA 1987, s 54 provides that

This Q&A raises the effect of a landlord failing to comply with the requirements which must be satisfied if a possession order is to be obtained of a dwelling let on an assured tenancy within the meaning of the Housing Act 1988 (HA 1988). In particular, it raises the requirement that tenants be notified of the landlord’s address under the Landlord and Tenant Act 1987 (LTA 1987). Before a landlord can obtain possession of a property which has the protection of HA 1988 as an assured tenancy, a notice of seeking possession must be served on the tenant setting out details of the statutory grounds for making an order is relied upon (HA 1988, s 8). Where a

A key factor in deciding whether you can act in a client conflict or confidentiality situation is: can you erect effective safeguards including information barriers to protect confidential information as between the clients? This Q&A considers the use of software-based information barriers to protect confidential information belonging to your clients when you are acting in a conflict or confidentiality situation. The burden of proof If a client or former client want to prevent you acting for another client, they may report you to the SRA or, more likely, they will apply to the court for an injunction, in which case, they'll have to prove two things: • you are in possession of information which is confidential to them and they haven't consented to disclosure • the information is or may be relevant to another client's matter and there is an adverse interest between the clients Although the burden of proof is on the client seeking the injunction, it is not a heavy one. The former may readily be inferred;

Definition of 'consumer' A 'consumer' is defined in section 2(3) of the Consumer Rights Act 2015 (CRA 2015) as 'an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession'. The explanatory notes to CRA 2015, at para 36 states that: ‘…a consumer must be an “individual” (that is, a natural person)—the Act’s protection for consumers does not apply to small businesses or legally incorporated organisations (eg companies formed by groups of residents). If a group of

Is it the case in the situation