Requirements to serve notice of CPO on qualifying persons—s 12 ALA 1981 In addition to public notices, under section 12 of the Acquisition of Land Act 1981 (ALA 1981) an acquiring authority is required to serve notice on every 'qualifying person', ie on every owner, leaseholder, tenant and occupier of land within the compulsory purchase order (CPO) area, and any other person who may have a right to claim compensation because of owning rights in the land, or their land being affected financially. Requirement to publish site notice—s 11 ALA 1981 In light of the difficulties inherent in identifying all relevant people, the ALA 1981, s 11 requires site notices to be published in newspapers. The notices must be fixed to a conspicuous object or near the land, and be addressed to persons occupying or having an interest in the land. Compensation entitlement In property title transfers,

Where a statement of case has been served, permission to amend must be obtained from the Court or from all of the other parties: CPR 17.1(2). In your case, it appears that some amendments have been made without permission, where permission is required. In Reuben and Ors v Time Inc [2003] EWCA Civ 6 (not available in Lexis®Library), the remedy sought (but refused) was a declaration that the amendment was irregular. However, the application also sought an order striking out the original claim. In practice, the correct remedy is likely to be an order striking out the irregular

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 came into force on 13 June 2014. They regulate most contracts made between a ‘trader’ and a ‘consumer’. The provisions of SI 2013/3134 apply to many contracts made between solicitors (as traders) and their clients (as consumers). Whether they apply will depend on the nature of the client and the circumstances in which the contract was made. The net effect of SI 2013/3134 is to require that a solicitor must provide certain pieces of information to clients if the contract falls within their scope. The provisions of SI 2013/3134 apply if the contract is made in one of three situations: • distance selling • on-premises • off-premises This response deals only with off-premises contracts, which is likely to be the situation if one of the following is true of the contract: • it

A buyer is considering entering into contracts to buy a site, presumably intended for development, which has no mains water supply. The nearest mains water supply is several kilometres away. The site has a supply of water from the owners of the estate of which the site once formed part. The question is, what matters should the buyer and the mortgagee take into consideration before deciding whether or not to buy? The first step which those acting on behalf of the buyer and the mortgagee should take is to obtain a copy of the transfer or conveyance from when the land which comprises the site was first sold off from the original estate. That transfer or conveyance may well contain the grant of an easement in favour of the site or land, including the right to take

It is possible to create an English Will which purports to operate over the testator’s worldwide estate. However, care should be taken to ensure the validity of such Will in the jurisdiction where the foreign assets are situated. Local laws and complex conflict of law provisions may apply to the succession of such assets and they may also be subject

This Q&A considers the drafting considerations for commercial indemnity provisions in the light of the extended fixed recoverable costs regime and the Civil Procedure (Amendment) Rules, SI 2024/106. It does not cover drafting settlement agreements, for more information on which, see Practice Notes: Settling disputes—drafting the settlement agreement and Settlement—costs recovery—Settlement after commencement of proceedings—no order as to costs. What is the extended fixed recoverable costs regime? Fixed recoverable costs (FRC) are the set amount of legal costs that a successful party can recover from their opponent. The FRC regime historically applied to personal injury cases, road traffic accident cases, employers’ liability cases and public liability cases up to £25,000 in value. For proceedings issued from 1 October 2023, the FRC regime is extended to cover most civil cases (with some exceptions) with a value of up to £100,000. Where it applies costs will be limited to the fixed costs set out in the applicable table under the Civil

This Q&A focuses on the considerations that should be borne in mind when purchasing goods from overseas suppliers and covers the prevalent considerations in business-to-business transactions for the sale and purchase of goods which are not specifically regulated. In particular, see Practice Note: International supply of goods—checklist for general guidance on the issues to be considered. In respect of provisions of international law which are similar to the statutory provisions within the UK, consideration must first be given to the governing law of the contract and local advice may be required. Including a governing law clause in favour of the laws of England and Wales will give a purchaser or seller a degree of comfort (because a party can easily point to what these are in the event of any dispute or breach). However, even if a party are successful in agreeing an English governing

A definitions and interpretation clause allows the parties to define any terms used throughout the agreement in one place. It is also where the parties may specify any general principles that will apply to the interpretation of the agreement. One of the areas covered is typically the interpretation of legislation and whether that is to be ambulatory (ie where legislation is to be interpreted as it is amended from time to time) or non-ambulatory (where it is to be interpreted as at a set point in time such as the date of the agreement). For an example clause, see Precedent: Definitions and interpretation clause. There may be situations where the parties need to consider the interpretation of legislation from outside England and Wales. For example: • if one of the parties is based outside England or Wales • if any element of the contract is to be performed outside England and Wales (eg the supply of goods and services to a

Can a listed company or AIM company grant security and guarantees? The considerations when taking security from a listed company, ie a company admitted to trading on the Main Market of the London Stock Exchange, or an AIM company, ie a company admitted to trading on AIM are for the most part the same as for any other limited company. Provided the articles of association do not otherwise prevent it, and any necessary steps in terms of resolutions and notifications are adhered to (see below) listed companies and AIM companies are able to provide security and guarantees. For general information about taking security, see: Taking security—overview. Are there any additional considerations when taking security or guarantees from a listed company or an AIM company? Articles of association As with all companies, the articles of association should be reviewed to ensure there are no borrowing or guarantee limits or other restrictions that would be breached by the proposed transactions, or specific requirements (such as passing a shareholder resolution). For

What's wrong with saying 'I'm going to sue you if you don't stop this'? English patent law does not allow a patent owner to freely contact market participants and intimidate them by threatening to sue them, even if the owner is convinced that its patent is being infringed. Patent rights are powerful registered rights that last a long time and the law is concerned that these rights should not be abused. Basic principles In the UK, the main piece of legislation for each IP right contains provisions dictating what threats are or are not allowed to be made without exposing the threatener to liability for making those threats. Some IP rights are excluded from such a regime, but not many, the most notable one is copyright. There are currently no threats provisions in relation to copyright, but it, along with most other IP rights, is the subject of an ongoing Law Commission consultation. The results of that consultation were published in April 2014 and are addressed in more detail

This Q&A considers whether express drafting is required for commercial indemnity provisions in the light of the extended fixed recoverable costs regime. It does not cover drafting settlement agreements, for more information on which, see Practice Notes: Settling disputes—drafting the settlement agreement and Settlement—costs recovery—Settlement after commencement of proceedings—no order as to costs. What is the extended fixed recoverable costs regime? Fixed recoverable costs (FRC) are the set amount of legal costs that a successful party can recover from their opponent.  The FRC regime historically applied to personal injury cases, road traffic accident cases, employers’ liability cases and public liability cases up to £25,000 in value. For proceedings issued from 1 October 2023 the FRC regime is extended to cover most civil cases (with some exceptions) with a value of up to £100,000. Where it applies costs will be limited to the fixed costs set out in the applicable table under the new Civil Procedure Rules,

Unless the employer has first obtained the worker's agreement in writing to opt out of their rights, the worker has the right to work no more than an average 48-hour working week. In order to be valid, an opt-out agreement must: • be in writing • be made with each individual worker that it applies to separately • state that it is disapplying the 48-hour maximum working week rather than simply specifying a number of hours of work The worker must be able to terminate the opt-out agreement by giving written notice. If the opt-out does not include a specific notice period, then