Service of notice to prove A party is deemed to have admitted the authenticity of a document disclosed under CPR 31, unless you serve a notice (form N268) under CPR 32.19 indicating that you wish the document to be proved. Various formalities for serving the notice must be complied with under CPR 32.19. Where there are competing versions of the same document and a CPR 32.19 notice has been served, the version against which no notice has been served will be treated as authentic (see 44 Wellfit Street Ltd v GMR Services

This is done by landlords to bypass the wait for a County Court bailiff appointment, but also has the effect of enabling eviction without the tenant being provided with notice of date of eviction. However, where the possession order is against a tenant, rather than against trespassers, there are some very particular steps that have to happen. First, once a possession order has been granted in the County Court, the claimant must apply to the County Court for an order transferring the proceedings to the High Court for the purposes of enforcement (County Courts Act 1984, s 42(2)). However, before any High Court enforcement against a tenant, a High Court writ must be issued pursuant to CPR 83.13. Under CPR 83.13(2), it explains that: '(2) Subject to paragraphs (3), (5) and (6),

A Societas Europaea (SE) is a public limited liability company (PLC) governed by the law of the Member State in which it has its registered office. An SE may be formed in a number of ways: by merger, as a holding company, as a subsidiary or by conversion from an existing public limited company. The provisions relating to the conversion of an existing PLC into an SE are set out in Article 37 of Council Regulation 2157/2001/EEC.

Unfortunately, HM Land Registry has created ambiguity. We understand that HM Land Registry continues to register UN1s in situations where there has been a transfer for value since the date when the transitional provisions relating to chancel repair liability came to an end. In such a situation it will be up to landowner to fend off the claim. Therefore, it could still bind the current proprietor because on a future sale, any subsequent purchaser would be well advised to ensure that the notice

Adverse possession A successful application for title by adverse possession will result in the squatter acquiring possessory title to land. In order to establish adverse possession, a squatter must prove: • factual possession • an intention to possess • possession for the required period (which varies depending on whether the land the squatter seeks to acquire is registered or unregistered) See Practice Notes: • Establishing adverse possession of land • Claiming title by adverse possession under the Land Registration Act 2002 Rectification The Land Registration Act 2002 (LRA 2002) makes provision for the alteration of the register on a number of grounds, including rectification. 'Rectification' means an alteration which involves the correction of a mistake and prejudicially affects the title of a registered proprietor. Title may be rectified either by court order, or by Chief Land Registrar without

On the grant of a lease, stamp duty land tax (SDLT) will generally be payable on the net present value (NPV) of the rents payable under the lease plus any premium payable on grant of the lease (sections 55 and 56 and Schedule 5 of the Finance Act 2003 (FA 2003)). Where

In this Q&A we have focussed on UK and EUTM Trade Mark rules. We have limited this Q&A to cover: • cases which are not classed a ‘class heading’ case where a class heading only is claimed but is intended to capture all goods in a class (the filing must have been made before 22 June 2012). In those cases it may be possible to amend your specification though it is highly likely that you are now out of time pursuant to art 28(8) EUTM (only EUTMs) • cases not relating to obvious errors or things like name and address of proprietor. It is a canon of English law and EU law that where an error

The procedure for collective enfranchisement pursuant to the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993) begins with the tenant serving a section 13 (or ‘initial’) notice. The initial notice triggers the statutory procedure for acquiring the freehold and the nominee purchaser is liable for the freeholder’s reasonable costs as from the date the freeholder receives the notice. The initial notice also ‘fixes’ the valuation date as the date on which it is served. The freeholder may then serve a counter-notice in accordance with LRHUDA 1993,

The procedure for collective enfranchisement pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) begins with the tenant serving a section 13 (or ‘initial’) notice. The initial notice triggers the statutory procedure for acquiring the freehold and the nominee purchaser is liable for the freeholder’s reasonable costs as from the date the freeholder receives the notice. The initial notice also ‘fixes’ the valuation date as the date on which it is served. The freeholder may then serve a counternotice in accordance with LRHUDA 1993, s 21 within the

The Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 44(5), provides that where a person who claims to have an interest in an estate and consequently causes a warning to be issued against a caveat, the warning,

Permanent residence can only be acquired by EEA nationals prior to their reaching five years’ residence under the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052 in certain limited circumstances. This includes where the EEA national has ceased employment or self-employment due to retirement or permanent incapacity to work. In these circumstances,

An employee qualifies for statutory maternity pay (SMP) if she has: • been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of confinement (ie childbirth) (EWC), • given the requisite notice to the relevant employer (who will be liable to pay the SMP) of when she expects its liability to pay her statutory maternity pay to start, and • complied with other qualifying conditions stipulated in section