A non-proprietary land right, similar to an easement.

STOP PRESS: THE NEW ELECTRONIC COMMUNICATIONS CODE CAME INTO FORCE ON 28 DECEMBER 2017. THIS PRECEDENT IS DRAFTED IN THE CONTEXT OF THE PREVIOUS CODE AND THE CONTENTS MAY REMAIN RELEVANT FOR THE PURPOSES OF THE TRANSITIONAL PROVISIONS SET OUT IN THE NEW CODE. The transitional provisions in the new Code, set out in schedule 2 of the Digital Economy Act 2017, provide that subsisting agreements under the previous code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous code) will have effect after the new Code comes into force, subject to certain modifications. For further details of the transitional provisions see: New Electronic Communications Code—Code rights—Transitional provisions (Schedule 2 DEA 2017). For more information in respect of the new Code, please see Practice Notes: New Electronic Communications Code—Code rights and New Electronic Communications Code—terminating and modifying Code rights. The City of London Law Society issued a new Digital Fixed Line Infrastructure Agreement for the New Electronic Communications Code on 13 September 2018,

This Practice Note discusses: • funding concerns for insolvency practitioners • evolution of litigation funding • the costs that different funding methods cover • general litigation funding methods • insolvency-specific funding methods • key considerations for IPs when using litigation funding • liability for opponent cost issues Funding concerns for insolvency practitioners Insolvency practitioners (IPs) have a duty to maximise recoveries for creditors of an insolvent entity and existing or prospective claims are key assets of the insolvent estate. IPs have a duty to deal with claims of the insolvency estate (or at least consider whether they are going to pursue the potential claims). Investigations and litigation can be expensive, however, and inherently have uncertain outcomes. The following matters must be planned for: • the costs of the IP’s lawyers (both solicitors and counsel) • the costs of disbursements, such as court fees and expert reports • the likely requirement of security for costs. Under

A utilities provider may have a choice whether to acquire a private easement to lay and maintain facilities across other land, or to rely on statutory rights (for example under the Water Industry Act 1991 (WIA 1991), see Practice Note: Statutory wayleaves and rights of access). Although utilities providers have statutory rights to maintain facilities across private land (see, for example, WIA 1991, s 159), it is likely that a deed of easement will be required as part of an adoption agreement, for example to include restrictive

A variation to increase the rent is unlikely to give rise to a surrender and re-grant of the original lease and so the rent can

For the purposes of this reply we have focused exclusively on the question of whether a contract may be required under Article 28(4) of Regulation (EU) 2016/679, the General Data Protection Regulation (the GDPR), and not on the details of what terms should be imposed. Obligation to put in place a contract with subprocessor under Article 28(4) It is common for suppliers of data processing and other services to sub-contract the performance of some or all of their obligations to sub-contractors. Where the processor sub-contracts (or otherwise permits) another processor to process personal data that ‘sub-processing’ is subject to specific rules under the the GDPR regime. Information law practitioners commonly refer to this as ‘sub-processing’, although it is not a term which is used in the GDPR itself. See Practice Note: Supply chains under

Unauthorised alterations are a once and for all breach, and the acceptance of rent following knowledge of that breach will constitute waiver. See Practice Note: Forfeiture of a lease for more information. We cannot find authority for whether the breaches of tenant’s covenants (construction of metal structure over the service area) are of a continuing or once and for all nature (see

If we serve a section 25 notice on the current tenant can we rely on the notice if the lease is assigned? Yes. The section 25 notice, which is served in respect of termination of the tenancy for the purposes of the Landlord and Tenant Act 1954 (LTA 1954), cannot be unilaterally withdrawn and it will continue to be effective upon assignment of the tenancy. Is our client better served agreeing a new lease of the property with the proposed tenant? This depends on: • the extent to which

Sufficiency of notice period specified Section 21(1)(b) requires that the landlord give 'not less than two months’ notice'. Applying the 'corresponding date rule', two months from 15 April is 15 June. See our Practice Note: Break clauses and notices—exercising

You have asked whether any person making a payment to an individual is under any duty—prior to making the payment—to undertake a bankruptcy search against that individual. We are not aware of any such duty (whether statutory or derived from case law), and in this regard refer to the case earlier this year of Kandola v Mirza Solicitors LLP, where it was argued that the solicitor for the buyer should have undertaken a bankruptcy search or an HM Land Registry priority search prior to exchange (which resulted in the buyer paying a deposit to the seller), either of which would have disclosed the bankruptcy petition which by that time had been filed. The court confirmed that it was not—in general—a solicitor's

Given the reference to CPR 45.29G, this Q&A assumes that the defendant’s counterclaim included a claim for personal injuries to which the RTA Protocol applies (ie one for between £1,000 and £25,000). See Practice Note: Fixed costs in road traffic accident claims. CPR 45.29G specifies that, in these circumstances, and where the counterclaim succeeds, CPR 45.29B, CPR 45.29C, CPR 45.29I, CPR 45.29J, CPR 45.29K and CPR 45.29L apply: this applies the whole of the

Should notice to exclude the lease from the Landlord and Tenant Act 1954 (LTA 1954) been served again given that a substantive term of the lease (rent payable) change LTA 1954, Pt II provides for statutory security of tenure for most business tenancies. As a result a tenancy does not expire by effluxion of time but continues and either the landlord or the tenant