Part 8 claims Part 8 of the Civil Procedure Rules allows for a simpler case management system than Part 7. There is no defence required, no track allocation and a hearing is fixed upon acknowledgment of service. It also does not require disclosure, witnesses of fact or expert evidence. Part 8 is therefore used for claims where the claimant seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact, see Practice Note: CPR Part 8 claims (alternative procedure for claims). Section A and Section B of the Practice Direction to Part 8 sets out the types of claims that Part 8 may/must be used for these, however,

There is no ‘correct’ answer here as Part 7 or Part 8 can be used when issuing proceedings for specific performance. Issuing a claim under CPR 7 is used for most types of claims, however, in some cases the Part 8 procedure may be used. As most of the evidence will be produced on the issue of a Part 8 claim, this generally means that a Part 8 claim is a faster process than issuing a claim under Part 7. Claims issued under CPR 8 normally involve the following (CPR 8.1): ‘(2) A claimant may use the Part 8 procedure where – (a) he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or (6)

Where a landlord takes a deposit in respect of an assured tenancy under the Housing Act 1988 (HA 1988), there is a requirement to protect it in accordance with the provisions of the Housing Act 2004 (HA 2004). The precise requirements vary according to when the deposit was taken. In summary, where a landlord receives a deposit in connection with an assured tenancy, two steps must be taken within 30 days. First, the deposit must be protected in an authorised scheme. Second certain prescribed information must be given to the tenant. The prescribed information is to be found in the Housing (Tenancy Deposit) (Prescribed Information) Order 2007, SI 2007/797. A failure to do so not only restricts the ability of the landlord to serve a notice under HA 1988, s 21 but also entitles the tenant to apply to the court for an order for the return of the deposit and the payment of the sum not less than one but not

Dispute Resolution analysis: The claimant filed a claim form at the High Court using the electronic working system, which is governed by CPR PD 51O. The claimant amended the original sealed claim form in manuscript in accordance with CPR 17.1 and then served the amended claim form on the defendants. The defendants argued that service was ineffective because the claimant should have re-filed the amended claim form at court for re-sealing before serving it on the defendants. The court dismissed the defendants' application and held the claim form had been validly served, but with reservations on the current CPR PD 51O. Written by Jonathan Pawlowski, partner at Howard Kennedy LLP.

There is no legal requirement for a Will to contain express administrative provisions in order for it to be valid. See Practice Note: Requirements for a valid Will. There are a number of statutory powers afforded to trustees and specific statutory powers which apply to personal representatives (PRs) of a deceased individual's estate. See

Most standard form consultant appointments and building contracts do not contain clauses requiring the consultant/contractor to indemnify the employer against losses caused by any act or omission of the consultant/contractor. However, some employers will seek to include such provisions in construction contracts, including consultant appointments (this Q&A discusses indemnities in both consultant appointments and building contracts). Public sector clients will sometimes have such wide reaching indemnity provisions in their standard terms and conditions. The potential effects of an indemnity will depend on the precise wording of the relevant provision in the contract, but generally speaking, indemnities are not subject to the usual requirements which apply to claims for breach of contract, ie causation, remoteness of damage and the requirement to mitigate losses. The limitation period for a claim under an indemnity can also be longer than it would be for a breach of contract claim. The liability under

A fitness for purpose obligation in a construction contract is more onerous than an obligation to exercise reasonable skill and care. Fitness for purpose denotes an absolute obligation to achieve a specified result. Breach of a fitness for purpose obligation by a contractor does not require the employer to prove that the contractor has been negligent. Therefore, regardless of whether the contractor has been negligent, if it accepts a fitness for purpose obligation, and it breaches the obligation, then it will be liable to the employer for damages. See Practice Note: Fitness for purpose in construction contracts for more information about fitness for purpose obligations. The first thing to remember is that the contractor is already subject to a fitness for purpose obligation in respect of the materials it supplies in relation to the works (unless the contract expressly provides otherwise). This is by virtue of the Supply of Goods and Services Act 1982, s 4(4) and 4(5) (SGSA 1982) which implies a term on the supplier of goods that, where

It is important to distinguish a variation of a Will with an appointment out of a Will trust within two years of death. This Q&A deals with an appointment out of a Will trust and we assume that the intended effect of the appointment is that the trustees of the nil rate band trust will hold same on trust for the spouse absolutely. Both a variation of a Will and

This Q&A assumes that the query relates to a general commercial, business-to-business contract. Agreement to terminate There are a variety of ways in which an agreement may come to an end, including by mutual agreement, which can itself be achieved by several different methods. See Practice Notes: • Termination and expiry of contracts—Discharge by agreement • Ending a contract by agreement Best practice suggests that an agreement to discharge a contract should be made in writing, satisfying the requirements for a binding contract. For an example, see Precedent: Deed of termination of contract. Governing law and jurisdiction clauses Governing law and jurisdiction clauses are categorised as boilerplate clauses. They will be particularly relevant in cross-border agreements. See Practice Note: The role of boilerplate. A governing law clause (sometimes referred to as an ‘applicable law’ clause) identifies which substantive laws will govern the interpretation of the agreement and any disputes and claims under it. Generally,

As a matter of law, a public right of way cannot form part of a town and village green (TVG) because by its very nature it has not been used ‘as of right’ for a period of at least 20 years for the purposes of lawful sports and pastimes (as required by section 15 of the Commons Act 2006 (CoA 2006)). Whether a track should have instead been registered as part of a TVG will depend on the factual context. CoA 2006, s 15 sets out the requirements which must be met for land to be eligible

Guarantees It is common for landlords to require a person to act as guarantor in order for the landlord to agree to grant a tenancy to a tenant. Frequently, this will be a close relative of the tenant such as a parent. A guarantee is an agreement between the guarantor and the landlord, and it is governed by the general rules and principles of contract law. As such, there are certain issues which a landlord should consider when accepting a guarantee from a person. Specifically, the landlord should be aware that if the guarantor enters into the guarantee under duress, undue influence or while suffering from mental incapacity, the contract of guarantee may be voidable (meaning that the guarantor may elect to void the contract so that they are no longer subject to

Part I of the Landlord and Tenant Act 1987 (LTA 1987) applies to premises if: • they consist of the whole or part of a building • they contain two or more flats held by qualifying tenants, and • the number of flats held by such tenants exceeds 50% of the total number of flats in the premises The answer to this Q&A will depend on whether the rooms with en suite facilities, but shared kitchens, can be called flats and on the nature of the tenancies held by the tenants. Nature of tenancy In relation to the second point, a person is a qualifying tenant of a flat if they are the tenant of it under a tenancy other than: • a protected shorthold tenancy • a business tenancy to which Part II of the Landlord