Where a professional has failed to give advice that ought to have been given, there may be a possible claim both in tort (professional negligence) and in contract, based upon breach of an implied term. The extent of the duty owed by an accountant depends on the terms and limits of any retainer between the client and the accountant, and any duty of care to be implied must be related to what the accountant is instructed to

This Q&A raises the issues of interpretation of and extent to which terms can be implied into a document freely negotiated between two parties. It may be that A required B to enter into the deed on standard terms before granting the underlease at all. The point is that the parties were at least in theory able to address their minds to the circumstances in which the sums to be

Trespass to land consists in any unjustifiable intrusion by one person upon land in possession of another. Trespass can take a variety of forms, and can range from entering another’s property without permission, removing anything attached to another’s land, fixing something to the land, for example, a sign, or leaving something on the land, for example, fly-tipping. It is not necessary to prove actual damage in an action for trespass. In terms of damages for trespass, as with all torts, damages are intended to be compensatory. However, where the owner of the land subject to the trespass

The tenant’s remedies for the landlord obstructing the sale will depend upon how the landlord is being obstructive. We assume that the main issues in this scenario are disrepair and refusing to supply a copy of the insurance policy, in respect of which the potential remedies are set out below. Landlord’s repairing obligations In the event that the landlord is responsible for repairing the structure of the property under the terms of the lease, the tenant has various remedies. For guidance on how to assess whether there has been a breach of repairing obligations generally, see Practice Note: What is the appropriate

Licence agreements frequently include clauses stating that no tenancy is to be created. Nonetheless, if the agreement has the hallmarks of a tenancy then it will create a tenancy. The court will determine whether an agreement is a lease or a licence by looking at its substance, not the label attached to it by the parties. In Street v Mountford, the House of Lords identified the hallmarks of a tenancy as: • exclusive possession • of defined premises • for a term (fixed or periodic) • at a rent Subsequent case law has shown that,

A registrable disposition of a registered estate for valuable consideration postpones to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected. A reservation of an easement is a registrable disposition and thus such an easement is equitable only until registration. An equitable easement will not take effect as an overriding interest and thus will not be binding. A legal easement (ie one that has been

In arbitration, the parties’ freedom to determine, for example, the procedure to be followed by the tribunal and parties. Party autonomy is often cited as one of the distinct features and advantages of arbitration.

To [insert Adjoining Owner] Of [insert Adjoining Owner’s main address] [Insert date] The Party Wall etc Act 1996 Notice of proposed works—Party Structure Notice under section 3 of the Party Wall etc Act 1996 As the owner[s] of [insert Building Owner’s building] which is adjacent to your premises at [insert Adjoining Owner’s building] [I

If a building owner intends to carry out work on an existing party wall or construct a new wall, what steps must they take? This Practice Note summarises the types of work affected by the Party Wall etc Act 1996 (PWA 1996), the notification procedure, and dispute resolution process, party wall awards, costs, access, special foundations and protection for adjoining owners. PWA 1996 imposes rights and obligations on property owners who wish to: • work on existing party walls or structures • construct a new wall or structure at the boundary line with an adjoining property, or • excavate within three or six metres of an adjoining building or structure (depending on the depth of the works) PWA 1996 requires owners intending to do works to serve notice on any affected adjoining owners. In most cases, unless they consent a dispute resolution process will follow, requiring the appointment of surveyors, and leading to a party wall award authorising works subject to certain conditions. Definitions PWA 1996 uses a number of technical terms. Party Walls A

A relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 may be a business transfer or a service provision change. A business transfer under TUPE 2006 occurs where there is: • a transfer of an undertaking or business (or part of an undertaking or business) • situated immediately before the transfer in the UK • to another person • where there is a transfer • of an economic entity • and the economic entity retains its identity after the transfer There are therefore three key elements: • an undertaking or business, or part of an undertaking or business, that constitutes an economic entity • a transfer of that economic entity • retention of identity by the economic entity after the transfer Each

Under Rule 75(3) of the ET Rules 2013 a costs order relating to legal representation and a preparation order may not both be made in favour of the same party in the same proceedings. Where an employment tribunal is faced with applications for both, eg if the applicant was initially legally represented and latterly represented himself, the tribunal should not make the applicant choose between which application to pursue because (1) the applicant is entitled to make both applications, and (2) the tribunal may decide the question of entitlement to each order and then decide which type of order to make. EAT: Duhoe v Support Services Group Ltd (in liquidation).

1 Individual 1.1 Individual or sole trader party designation clause [insert full name of party] of [trading as [insert trading name]] of [insert address] (the [insert defined term for party]). 1.2 Individual signing Subscribed by [insert individual’s name] at [insert place] on [insert date and month] 20[year]  .................................................Signature of [insert individual’s name] before this witness:  .................................................Full Name (Witness)....................................................................................................................................................................................................Address  .................................................Signature of Witness 1.3 Individual signing by Power of Attorney Subscribed for [insert individual’s name] by [insert Attorney’s name] [his OR her] Attorney under Power of Attorney dated [insert date of Power of Attorney] at [insert place] on [insert date and month] 20[year]  .................................................Signature of [insert Attorney’s name] before this witness:  .................................................Full Name (Witness)....................................................................................................................................................................................................Address  .................................................Signature of Witness 2 Company 2.1 Company party designation clause [insert name of company] a company incorporated in Scotland with registered number SC [insert registered number] whose registered office is at [insert address] (the [insert defined term for party]). 2.2 Option 1—signing by a company by a single individual director in the presence of a witness Subscribed for [Company name] at [insert place] on [insert date and month] 20[year] by:[insert full name of director]Director  .................................................Signature of Director before this witness:  .................................................Full Name (Witness)....................................................................................................................................................................................................Address  .................................................Signature of Witness 2.3 Option 2—signing by a company by two directors or director and secretary