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Section 24C(2) of the Landlord and Tenant Act 1954 (LTA 1954) provides that, 'rent payable under and at the commencement of the new tenancy shall also be the interim rent.' This is subject to certain exceptions: '(3) subsection (2) above does not apply where: (a) the landlord or the tenant shows to the satisfaction of the court that the interim rent under that subsection differs substantially from the relevant rent, or (b) the landlord or the tenant shows to the satisfaction of the court that the terms of the new tenancy differ from the terms of the relevant tenancy to such an extent that the interim rent under that subsection is substantially
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Reservation of contracts Regulations 20 and 77 of the Public Contract Regulations 2015, SI 2015/102 (PCR 2015), concern the reservation of contracts. These provisions allow authorities to reserve contract opportunities for certain types of supplier in order to allow the contracting authority to further their objectives in social, health and other policies. PCR 2015, reg 20 states: '(1) Contracting authorities may (a) reserve the right to participate in public procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled or disadvantaged persons, or (b) provide for such contracts to be performed in the context of sheltered employment programmes, provided that at least 30% of the employees of those workshops, economic operators or programmes are disabled or disadvantaged workers' Reg 20 focuses on opportunities for the social and professional integration of disadvantaged or disabled workers and allows the contracting authority to restrict the process to bids from organisations meeting the relevant criteria. Reg 20 reflects
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The office of the Adjudicator to HM Land Registry, now the First-tier Tribunal (FTT) was created by Act of Parliament. It does not have the inherent jurisdiction enjoyed by the senior courts or an equivalent jurisdiction unless expressly granted. The FTT is made up of several chambers. Each chamber has its own procedural rules. The relevant rules in respect of the Property Chamber can be found in the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169. The Property Chamber has all the functions conferred on the FTT relating to: • a reference by the Chief Land Registrar and any other application, matter or appeal under the Land Registration Act 2002 • proceedings under any of the enactments referred to in section 6A(2) of the Agriculture (Miscellaneous Provisions)
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The main changes in the 2016 update are: • new clause 1.6 confirms that where the recipients of the certificate are more than one person, the certifier’s aggregate liability to all the addressees is no greater than the liability they would have if the addressees were a single person • clause 1.7 contains an acknowledgment that the addressees are entitled to rely on the certificate's statements even if any document or matter referred to in a statement is in the public domain or has been disclosed or made available in a number of specified ways such as via a data room • new clause provides an exclusion of personal liability for individual members, partners, shareholders, consultants, or employees of the certifying firm • the certificate can be disclosed to a third party but cannot be relied on (clause 1.3) • the statement that no matters are disclosed is also subject to the general and usual caveats or disclaimers on the search results
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Certain species of animals (including wild birds) are protected at European and national levels from being harmed or disturbed. Similarly, many areas/habitats with distinctive animals (including certain birds) are protected at the international, European and national level. Some of the applicable regulatory regimes are set out below. For more information on species and habitats protection generally, see: Protected areas and species—overview. Domestic Legislation Wild birds are specifically protected by the Wildlife and Countryside Act 1981 (WCA 1981). There are a range of offences provided for within WCA 1981, including it being an offence (subject to specific exceptions) to: • intentionally to kill, injure or take any wild bird • take, damage or destroy the nest of a specified wild bird • take, damage or destroy
Q&As
Time for service of the particulars of claim If particulars of claim are being served separately to a claim form, the claim form must state that the particulars of claim are to follow. The particulars of claim must then be served within 14 days of service of the claim form. However, it is important to be aware that where the particulars of claim are served separately, they still have to be served within the time period provided in CPR 7.6 for service of the claim form. For more details, and timetables for statements of case in other situations, see Practice Note: Time limits for filing and serving statements of case in England and Wales. The court’s position on late service of the particulars of claim There are no special provisions
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For information in relation to the appointment of corporate
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Rights of way and the right to load and unload The precise extent of a right of way is a question of construction of the particular right of way in question. Arguments can often arise as to whether a right of way (being, generally, a right to pass and repass over a piece of land) also extends to a right to park on the land in question. Certainly, rights of way have commonly been held to include a right to pick up or set down passengers, or to load and unload goods. In Bulstrode v Lambert, the High Court considered whether a right of way for the purpose of accessing an auction house included the right to stop for the purpose of loading and unloading goods sold there. Upjohn J held that the right to load and unload was included, because without the right to load and unload, vendors would be unable to exercise
Q&As
This Q &A has assumed that: • there is a simple hire of goods • there is a contract in place for the hire of goods • there are no relevant loan, financing or other credit arrangements • there are no sector-specific considerations available We do not have a specific Practice Note concerning the issue of security deposits for the hire of goods, but you may wish to consider the following issues while carrying out your research of the law in this area: Terms of the contract The contract may detail express terms concerning how any security deposit should be paid, the terms on which it is held and the treatment of that deposit. The parties should adhere to any agreed express terms. Where the contract is silent on the treatment of the security deposit in the relevant circumstances, the point to consider is whether
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Oral and implied retainers In Fladgate LLP v Harrison, the High Court stated: 'the giving of instructions by a client to a solicitor constitutes the solicitor's retainer by that client. It is not essential that the retainer is in writing. It may be oral. It may be implied by the conduct of the parties in the particular case.' The Solicitors Code of Conduct 2007 requires certain matters to be provided in writing, however the associated guidance explains that 'it is not envisaged or intended that a breach [of such requirements] … should invariably render a retainer unenforceable'. Halsbury’s Law of England, Vol 66, 565 lists some examples of where an implied retainer has been found to exist: • a person received funds out of court which was produced by an action • a person about to become a trustee consented to solicitors acting in a mortgage transaction for the trust
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Under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596, Sch 2 Pt 12, Class A permitted development is: ‘The erection or construction and the maintenance, improvement or other alteration by a local authority or by an urban development corporation of— (a) any small ancillary building, works or equipment on land
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Section 1(1) of the Immigration Act 1971 (IA 1971) provides that: ‘All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.’ IA 1971, s 2(1) states that: ‘A person is under this Act to have the right of abode in the United Kingdom if— (a) he is a British citizen […]’ IA 1971, s 3(8) states that: ‘When any question arises under this Act whether or not a person is a British citizen […], it shall lie on the person asserting it to prove that he is.’ IA