Since 1965, the United Kingdom has gradually changed to the international system of metric weights and measures (the International System of Units or 'SI' system); although, despite having had almost 50 years to do so, the process is not yet complete. A limited amount of imperial (ie non-metric) units must still be used in certain limited circumstances. It is clear however that the United Kingdom is currently in a bit of a conceptual muddle given that these two systems are concurrently in use, both informally and formally; albeit to a limited degree in the latter case. A good example is the Department for Transport's (DoT's) Traffic Signs Manual, which refers to 'road works' signs with a '200yds' plate. However, it goes on to state in this guidance that such signs must be placed 200 metres (and not 200 yards) in advance of the road works: a discrepancy of some 17.12 metres (or about 18 yards and 2 feet). Mistakes like this are quite common. Indeed, there is still much debate in this area

We refer you to Practice Note: Variation of Will or intestacy after death. This Practice Note provides guidance on the use of variations (sometimes referred to as Deeds of Family Arrangement)

A bankruptcy petition may only be withdrawn with the permission of the court and no order can be made giving permission to withdraw the petition until the petition is heard. Where a petitioning creditor applies to court for the bankruptcy petition to be dismissed,

A charging order can be used to secure a liability for national non-domestic rates (NNDR) in certain circumstances. Regulation 20 of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, SI 1989/1058 provides: ‘Recovery in court of competent jurisdiction 20—(1) A sum which has become payable to a charging authority under Part II, which has not been paid, and in respect of which a liability order has not been made may (as an alternative to recovery under a liability order) be recovered

Is there an implied right of re-entry? There is no implied right to re-enter commercial premises to carry out repairs in circumstances where the tenant is in breach of their repairing obligations. Therefore gaining access to carry out the repairs is subject to whether or not the lease provides such a right to the landlord. If the lease provides a right of re-entry, the landlord can follow the process (if any) set out in the lease to enter and effect the repairs. In such instances, if that right to access is accompanied by a right to an indemnity to cover the cost of such repairs, this would be a contractual matter to be pursued in the normal manner regarding claiming under an indemnity. What is the statutory limitation on enforcement? In circumstances where property is held on

The directors of a company may recommend that an interim dividend or final dividend is satisfied with non-cash assets (ie by a dividend in specie) if the company's articles permit this and the requirements of Part 23 of the Companies Act 2006 are complied with. The articles of association should be checked to:

This Q&A assumes that the query relates to a general commercial contract between businesses. Contracts can be formed in one of three ways: • orally • by conduct, or • ‘under hand’ (in writing) See: Formation and interpretation—overview. Except where a written contract is required by law or is necessary to satisfy registration purposes (see Practice Note: Contracts required to be in writing), an oral agreement or one formed by conduct may still be enforceable. Whether an agreement is legally binding will depend on the intention of the parties, determined by an objective appraisal of their words and conduct. Each case will depend on its own facts. The principles applicable to determining whether there is a binding contract between the parties have been discussed in a number of cases. See, for example, the summary of Lord Clarke, giving

In answering this Q&A, research has been limited to cover charging orders made under CPR 73 and it has been assumed the Q&A is referring to discharging a final charging order. CPR PD 73, para 3A provides that the judgment debtor or any person interested in any property to which a charging order relates may apply for and the court, at any time, may make an order discharging or varying the charging order. The ‘interested persons’ have to have some form of interest, such as a proprietary right or something akin to that, whereby legal

An appeal against conviction can be on points of law or fact. The single test for allowing an appeal is whether the conviction is unsafe. Commonly used grounds of appeal include: • errors in summing up • failing to define the elements of the offence correctly • failing to leave a defence to the jury for which foundations had been laid by the evidence, and • failing to give an adequate direction on the burden and standard of proof Other grounds which may render a conviction unsafe are procedural

The Court of Justice of the European Union has reiterated that the Judgments Regulation will be interpreted restrictively to ensure that judgments of Member States are automatically enforceable in other Member States unless limited grounds apply. Accordingly a court cannot refuse or revoke a declaration of enforceability unless one of the grounds set out in articles 34 or 35 of the Judgments Regulation apply.

Property analysis: This case concerns right of drainage in the context of a development. The claimant asserted the right to drain its development onto the defendant’s neighbouring land, on two alternative bases—by virtue of riparian rights; and by prescription. The judgment analyses what it takes for a watercourse to count as natural, so as to give rise to riparian rights, and also the extent of such rights, if they exist. The prescription claim failed on the facts for want of relevant use, but the judge went on to consider the law relating to the extent of the dominant tenement of prescriptively acquired rights and explained the difference between questions about that extent, and questions about intensification of use. The judge also considered whether the development constituted a radical change in the identity of the dominant tenement and whether there would be a substantial increase in the burden on the servient land. Written by Greville Healey, barrister at Falcon Chambers.

Guarantees are a contractual arrangement where one party (the guarantor) agrees to answer for the liability of another party (the principal or principal obligor) to another party (the creditor/lender or guaranteed party). Termination of a guarantor's liability The liability of a guarantor can be terminated in a number of different ways: • firstly, the guarantee can be discharged by performance of the guaranteed obligation by the principal obligor or performance of the guarantee by the guarantor (see Practice Note: Discharging guarantees by repayment or performance and clawback considerations) • secondly, the parties can agree to release the guarantor (see Practice Note: Releasing guarantors by agreement between the parties) • thirdly, the guarantor’s liability might be discharged, extinguished or reduced by other circumstances including a material variation to the terms of the underlying contract which would prejudice the guarantor (see Practice Note: Guarantor protections and how to exclude them in guarantee documentation—waiver of defences clauses) • finally, the guarantor may be able to revoke its liability under