Where there is a potential challenge to the validity of a Will, or a proposed claim by a disappointed beneficiary, it is often the case that, before proceedings are issued, the potential claimant will wish to obtain information from the solicitor or Will-writer as to the circumstances surrounding the preparation and execution of the Will. The first step in obtaining such information is ordinarily what is termed a Larke v Nugus request, following the case of that name, in which the Court of Appeal adopted the good practice guidance of the Law Society in effect at that time. The court indicated that the professional

Section 45 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) does not impose any requirement that a landlord’s counter-notice must be in any prescribed form and nor is there any express requirement that the landlord must date and sign a counter-notice. While LRHUDA 1993, s 99(5) requires a tenant

Although there appears to be no time limit in the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) in respect of a determination of the landlord’s costs, they are payable on completion and a landlord is entitled to refuse to execute the new lease unless these costs have been paid (LRHUDA 1993, s 56(3)(b)) or reasonable security

Certain regulators maintain publically searchable databases of companies (and individuals) who have been convicted of certain offences. For example, see: • HSE’s prosecution database • Serious Fraud Office database In

Unlike a witness to a will (section 15 of the Wills Act 1837 (WA 1837)), an executor is entitled to take a bequest under a will. However dependent upon the way in which the will is drafted, issues may arise as to whether that bequest is only receivable if the person so appointed actually takes up their role. This question is concerned with a specific legacy left to an executor, rather than the question of whether an executor is entitled to the residuary estate where no provision is made for it. This question was considered in the case of Calvert v Seddon (1840) 2 Russ. 585 (not available on Lexis®Library), shortly after the implementation of the WA 1837. In that case it was held that a gift

Attorney’s authority to act under the lasting power of attorney An attorney’s authority to act under a lasting power of attorney (LPA) is set out in section 9 of the Mental Capacity Act 2005 (MCA 2005). MCA 2005, s 9(2) specifies that an LPA is not created unless it complies with MCA 2005, s 10 which sets out who may or may not be an attorney and the donor must be aged 18 or older and have the

There is no specific standalone stamp duty land tax (SDLT) relief for uninhabitable property. However, if a property is uninhabitable, this may mean that it is not suitable as a dwelling at the effective date of the chargeable land transaction so that the non-residential rates of SDLT might apply instead of the residential rates of SDLT. As explained in Practice Notes: SDLT—residential property vs non-residential property and Rates of SDLT, the rates of SDLT that apply to residential property are higher than those that apply to non-residential property. For SDLT purposes, residential property means: • buildings that are used as a dwelling, suitable for use as a dwelling

This Q&A refers to a business-to-business contract which is not subject to any specific industry or sector regulation. There may be further considerations where the contract is a business-to-consumer contract. Formation of contracts There are four essential ingredients for a contract under English law—offer, acceptance, intention to create legal relations and consideration. As a general rule (and specifically in relation to business-to-business contracts which are not governed by any sector or industry specific regulation) there is no requirement for a contract to be in writing—for example, a contract

Witnessing an electronically executed document—the legal position When executing commercial documents, the two most common situations in which attestation is required are: • execution of a deed by an individual (section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)) • execution of a simple contract or deed by a company by the signature of one director of the company (section 44(1)(b) and (2)(b) of the Companies Act 2006 (CA 2006)) The LP(MP)A 1989, s 1(3) requires that: ‘...an instrument is validly executed as a deed by an individual if, and only if— (a) it is signed— (i) by him in the presence of a witness who attests the signature; or (ii) at his direction and in his presence and the presence of two witnesses who each attest the signature.’ In its 2019 report on the electronic execution of documents, the Law Commission confirms that an electronic signature may be witnessed. However,

Transparency The underlying principle in relation to disclosure of information during public procurement procedures is that contracting authorities must act in a transparent manner (see Public Contracts Regulations 2015 (PCR 2015)SI 2015/102, reg 18). This is so that interested parties are aware of the reasons for the decisions of contracting authorities and can defend their rights. Contracting authorities must be careful to balance their duty of disclosure with the protection of tenderers' confidential information. PCR 2015 makes specific provision in relation to disclosure upon contract award (see reg 86) as well as protection of confidential information (see reg 21). For background reading, see Practice Notes: Procurement correspondence—general principles—pre-PA 2023 [Archived] and Procurement correspondence—specific procedures and examples—pre-PA 2023 [Archived]. Notices of decisions to award a contract or conclude a framework agreement Regulation 86 sets out details of the notices a contracting authority is required to send tenderers

The key provision is set out in CPR 3.12 which states that costs management, which includes the provision of a costs budget in the form of Precedent H, applies to Part 7 multi-track cases. Costs

It is mandatory for a landlord of a large House in Multiple Occupation (HMO) to have a licence. Currently, a large HMO is usually one which is rented out to five or more people who form more than one household; is at least three storeys high, and has shared toilet, bathroom or kitchen facilities. Some local authorities also require landlords of small HMOs to be licensed. A licence is valid for up to five years. Note however that from 1st October 2018, the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, SI 2018/221 will replace Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006, SI 2006/371, removing provisions requiring mandatory licensing only in buildings of three or more storeys