A trespasser is not protected under the Rent Act 1977 or Housing Act 1988; the residential

CPR 44.2(8) provides that where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is good reason not to do so. The rule is drawn in mandatory terms (although there is a good reason exception) and an order can be made at a later stage even if no request was made when the costs order was granted: Ashman v Thomas. It should be noted, however, that where the entitlement to costs arises out of a deemed

Client money The funds are client money, as they were received in relation to regulated services delivered by you to a client, and thus should be held in your firm's client account. You should only receive funds into client account where they relate to an underlying transaction for which you have been instructed as part of your normal activities. It is important that you do not provide banking facilities through your client account as this is a breach of rule 3.3 of the SRA Accounts Rules 2019 (SRA AR 2019). Make every effort to repay the funds You must ensure that client money is returned promptly to the client, or the third party for whom the

A distinction has to be drawn between the water and the land beneath it. The general rule is that the owner of land has no proprietary rights in water situated upon it, whether it percolates through it or runs across it in a defined channel. The greatest right he has over the water is to abstract it, although even that is subject to certain restrictions under the Water Resources Act 1991. Turning then to the ownership of the land situated beneath that water, as the House of Lords noted in Commissioners for Land Tax for the City of London v Central

Generally speaking, a requirement that a document should be 'held to the order' of one party is imposed where property in a document (and hence the ability to control what is done with it) lies with that party but the document is (for reasons of necessity or convenience) within the physical custody/control of another party. This requirement can operate even though an express

This is a surprisingly common problem for promoters. When people fill out online competition forms, they do not necessarily provide accurate contact details or may later decide they no longer want the prize and so fail to respond. The Advertising Standards Authority’s (ASA) main concern in these circumstances is that promoters have made all reasonable efforts to contact the winner(s) and do not withhold or reallocate prizes unfairly. The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) includes some general principles which apply to sales promotions, as well as more detailed provisions about winners and ensuring prizes are distributed. The Committees of Advertising Practice (CAP) has also provided guidance. Rules 8.1 and 8.2 of the CAP Code state that promoters are responsible for all stages of their promotions and that they must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary

Arbitration is a matter of agreement. Unless the arbitration clause, separate arbitration agreement or a set of rules chosen for the arbitration contains any special requirements in relation to withdrawal of a notice of arbitration, the parties should be free

We refer you, in general to Practice Notes: Financial Ombudsman Service—remedies, Financial Ombudsman Service—essentials, and The complaint-handling process of the Financial Ombudsman Service. DISP 3.5.4R in the FCA Handbook states that the initial assessment of the Financial Ombudsman Service (FOS), sent to both parties, must set out the case handler’s reasons and a time limit within which either party must respond. If either party then indicates disagreement with the provisional assessment within that time limit, then the Ombudsman will proceed to making a final determination. If a firm does accept the initial assessment within the time limit given and does

Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. However, in Lowsley v Forbes the House of Lords held that the reference in LA 1980, s 24(1) to ‘action’ means a ‘fresh action’ only—LA 1980 has no relevance to the general

Where two personal representative have an equivalent right to receive a grant of probate and there is a dispute then the matter must under the Non-Contentious Probate Rules 1987, SI 1987/2024, r 27 be referred to the district judge or registrar by summons: '(6) A dispute between persons entitled to a grant in the same degree shall be brought by summons before a [district judge or] registrar. [(7)

The overarching principle of the SRA Accounts Rules is to keep client money safe. Law firms and individuals within the firm also have a requirement under the respective Codes of Conduct to safeguard money and assets entrusted to law firms by clients and others. The SRA Glossary defines an asset as including money, documents, wills, deeds, investments and other property. Guidance issued under the previous regulatory regime stated: If client money is invested in the purchase of assets other than money - such as stocks or shares - it ceases to

Charities may be involved in ‘charity proceedings’, or alternatively may be sued like any other individual or institution. Charity proceedings are defined by section 115(8) of the Charities Act 2011 (CA 2011), as those brought under: • the court's jurisdiction with respect to charities, or • the court's jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes Such claims are those which relate to the administration of charities, such as applications for schemes, applications for Beddoe Orders (the Court’s approval of a step taken by a charity, for costs protection), claims in respect of breach of trust or claims by trustees for indemnities out of their trust funds. Charity proceedings may only be brought by parties specified in that Act, and the Attorney-General is usually made a party to such claims. Claims which are not charity proceedings