Jurisdiction agreements A jurisdiction agreement is an agreement by which parties agree which court or courts will have jurisdiction to adjudicate disputes that may arise between them. This form of agreement between the parties can limit the risks arising from their disputes. A jurisdiction agreement can be entered into in conjunction with other types of agreement that serve the same aim, for example agreements to submit disputes to alternative dispute resolution and arbitration agreements. Parties may conclude any number of these types of agreement. For further guidance, see Practice Note: Jurisdiction agreements—introduction, and see also ‘Hybrid clauses’ below. There are no formal requirements for a valid jurisdiction agreement at common law (unlike under formal jurisdiction regimes). If the parties do not agree on the effect of a jurisdiction clause, the parties may ask the English court to construe

Client conflicts of interest are fact sensitive. The starting point is that it is for you to decide on a case-by-case basis whether a conflict has occurred or may occur, and if so whether you can act. There is no definitive list. Under the Solicitors Regulation Authority (SRA) Codes of Conduct, a client conflict of interest arises where there is a conflict between your separate duties to act in the best interests of two or more clients in relation to the same matter or related matters. You must not act in relation to a matter or particular aspect of it if you have a client conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless you fall within one of two exceptions and meet certain specific conditions (SRA Code for Solicitors and SRA Code

We are not aware of any fee payable when paying money into court. Please, however, note that there is a fee of £50 payable when making an application to pay out funds deposited

Service of a notice claiming the right to acquire the freehold of a house under the Leasehold Reform Act 1967 (LRA 1967) creates a statutory contract between the tenant and landlord. The landlord is required to give notice in reply within two months, stating whether or not the landlord admits the tenant's right to enfranchise, and if not, the grounds for not admitting. However, there are few consequences for a landlord who fails to do so. See: • Practice Note: Guide to the right to enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (LRA 1967) • Q&A: Where a tenant serves a notice of claim to acquire the freehold of a

The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums for the resolution of disputes pursuant to tenancies which fall within the remit of AHA 1986. These include arbitration, an application to the appropriate tribunal, and an application to the court. In this scenario, a Case B notice to quit has been served on a tenant within the terms of AHA 1986. Case B of AHA 1986 essentially allows a landlord to give notice to quit in circumstances in which the land is required for use in a non-agricultural context. The relevant section provides as follows (AHA 1986, Sch 3 Pt I): ‘The notice to quit is given on the ground that the land is required for a use, other than for agriculture: (a) for which permission has been granted on an application made under the enactments relating to town and country planning, or (b) for which, otherwise than

Appeals to the Supreme Court with effect from 2 December 2024 are regulated by the Supreme Court Rules 2024 (SCR 2024), SI 2024/949 and the accompanying Supreme Court Practice Directions. A respondent who wishes to object to

Part I of the Leasehold Reform Act 1967 (LRA 1967) (LRA 1967, s 1) provides the right to tenants of leasehold houses to acquire on fair terms the freehold or an extended lease of the house and premises, in certain circumstances set out in section 1 thereof. The right is governed by LRA 1967, s 5, which provides that a tenant with the right to acquire the freehold or an extended lease shall give notice of their desire to have it and by LRA 1967, s 8, where a tenant gives written notice of the desire to have the freehold, the landlord shall be bound to make, and the tenant shall be bound to accept, at the price and on the conditions

Whilst there is no fixed deadline by which legacies must be paid, the personal representatives have a duty to pay the deceased's debts with due diligence, having regard to the assets in their hands that are properly applicable for that purpose and all the circumstances of the case. Due diligence will normally require payment to be made before the end of the ‘executor's year’, which is one year from the date of death, and executors should avoid delaying payment beyond this date unless

We have assumed for the purposes of this Q&A that the replacement of the boundary wall is required by statute. The question of whether the works to replace the boundary wall (the Works) constitute a nuisance is a question of fact. You may wish to review the general principles of nuisance to form a view on this (see: Noise and vibration: Halsbury's Laws of England [124]–[125]). While not strictly a ‘defence’, there is a suggestion that temporary construction works may not amount to a nuisance if they are conducted with all reasonable skill, and if all reasonable precautions not to cause annoyance to neighbours are taken. See Practice Note: Nuisance—what are public and private nuisance claims? for further information (together with the further Practice Notes referred to within it). Nuisance: a question of fact To determine accountability for an alleged nuisance the court will look at: • the nature of the defendant’s interference (intentional, negligent or reckless for instance)

Schulyer Henderson defines vanilla derivative in Henderson on Derivatives: Broader context: dealing market, paragraph [1.7]: 'A 'plain vanilla' derivative is one that has the most simple, basic and common derivative form and terms. For instance, the US dollar fixed rate

Unfortunately, we are not aware of any definition under the Tax Acts of ‘jewellery’ or ‘personal use’, although we refer you to the below which may suggest that jewels which are not yet in wearable form would constitute ‘jewellery’. The Court of

What form does Option C take and what is meant by ‘existing structures’ under the Contract? Pursuant to Schedule 3, the contract provides for three different insurance options, namely: • Option A—All risks insurance of the works taken out by the contractor for new buildings • Option B—All risks insurance of the works taken out by the employer for new buildings, and • Option C—Insurance of existing structures and the works in or extensions to them taken out by the employer Insurance of existing structures Option C requires the employer to take out insurance in the names of the employer and the contractor ‘for the full cost of reinstatement, repair or replacement due to any of the Specified Perils’ in respect of the employer’s existing structures and contents. Clause 6.8 of the contract defines