Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where: ‘ … (a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any

Case study A landowner has not served any notices on the Local Authority (LA) pursuant to the Hedgerow Regulations 1997, SI 1997/1160 but has removed the hedgerow and replaced it with a fence. The hedgerow was deemed to be ‘important’ by the LA. Hedgerows made up of a line of trees and shrubs in the countryside are protected by law from being removed or worked on without control. Hedgerows provide a valuable habitat for many species of wildlife. The Hedgerows Regulations 1997, SI 1997/1160 protect rural hedgerows which are more than 20 m in length, or which (if shorter) are connected at both ends to a hedgerow, from being removed (either wholly or partially) without the consent of the local planning authority. See Practice Note: Habitats and wildlife issues for developers. Ordinarily, removal of a protected hedgerow without consent is prohibited and involves the commission of a criminal offence. However, removal is permitted if it is required for carrying out any development for which planning permission

The Housing Act 1996 (HA 1996) imposes restrictions on whether a landlord may exercise a right of forfeiture or re-entry for non-payment of service or administration charges in respect of premises let as a dwelling. HA 1996, s 81(1) provides that a landlord may not exercise a right of forfeiture unless the tenant’s liability to pay the charge has either been admitted by the tenant or established by a final determination of the leasehold valuation tribunal or a court. Consequently,

A judgement or order takes effect from the time that it is ‘pronounced’ by the judge, see Holtby v Hodgson. Once the judge at a hearing indicates that they will make an order in a particular form (for example in the form sought by one party or agreed by both parties) the order has been 'pronounced'. Therefore, unless the judge has specified a later date for the order to come into effect, or the court exercises its jurisdiction to alter the order before it is sealed (see Re L and B (Children))

The general rule regarding the passing of title is that property passes when so intended (or when the materials are fixed to the structure) and it therefore seems, in this instance, to be a question of interpreting several clauses in DBSub/C 2016 to determine when title passes in respect of Listed Items. Clause 4.9 (Gross Valuation) of DBSub/C 2016 provides for the inclusion of the value of Listed Items in the Gross Valuation for an interim payment. This is subject to conditions set out in clause 4.11 (Listed Items) being satisfied. The conditions in clause 4.11 include the

Legal and beneficial title Title to shares in a company comprises both the legal interest (a concept of the common law) and the beneficial interest (a concept of equity) in those shares. The beneficial title will transfer to the buyer when the seller and the buyer enter into a written or oral agreement for the sale of the shares that is: • unconditional, or • conditional and that contract becomes unconditional For example agreements, see precedents: Share purchase agreement—pro-buyer—corporate seller—unconditional—long form and Share purchase agreement—pro-buyer—corporate seller—conditional—long form. The transfer of the legal title to the shares does not take place until the name of the transferee (ie the buyer) is entered into the target company's register of members. The instrument of transfer (stock transfer form) must be executed by the seller and stamped at the Stamp Office following payment of stamp duty by the buyer. The register of members should only

For the purposes of this Q&A, it has been assumed that the companies involved are both private companies limited by shares in the same group and that no part of their group is listed. In this case, an inter-company debt within a private group is the subject of a debt for equity swap involving shares being issued in return for the release of all or part of the debt obligation. The way in which the private company’s shares are allotted and paid for are relatively flexible. The following general rules apply: • a company must not allot its shares at a discount, ie for less than its nominal value • if so authorised by

We do not have a Practice Note which deals with the particular point raised in the question, but you may wish to consider the following. The agency arrangements between the principal (A) and its agent (C) In business matters, the rights and duties of principal and agent (in this case A and C) are normally set out in a written agency agreement. In addition to the matters set out in an agency agreement, the agent also owes the principal duties implied by law and fiduciary duties. In particular, money and other property held for a principal must normally be kept separate from the agent's own property, and all monies received by an agent on a principal's behalf must be paid over or accounted for on request. The agency agreement would also normally provide for the remuneration obligations

A contractual licence to occupy is a personal contractual agreement allowing the licensee to occupy premises on a non-exclusive basis, usually for a particular period of time. Licences are often used for occupation of, for example, serviced offices, or for a period of time during which the parties are in negotiations for a formal lease. However, the title of an agreement to occupy is not determinative of its nature, and there is a danger with any purported licence agreement that a court will construe it instead as a lease. This will likely be so if the arrangement gives exclusive possession of the premises for a term at a rent: Street v Mountford. It is therefore always important for care to be taken in

The Working Group for Sterling RFRs (£RFRWG) issued comprehensive recommendations as to how to calculate and use SONIA in loan agreements, known as conventions. The LMA RFR based facilities agreements include schedules setting out sample drafting for loans in USD, Sterling, CHF and Euro, reflecting these conventions. However, the Sterling conventions do diverge in some areas from the conventions recommended by working groups for other currencies. This Q&A looks at two key areas where the working groups’ recommendations diverge, reference rate floors, and whether to use the observation shift or lag methodology. Where can I find the conventions for USD, CHF and Euro? See ARRC Syndicated Loan Conventions EURIBOR fallbacks and Swiss National Bank—National Working Group for Risk-Free Rates. Are there any key points to note about the recommended conventions? The recommendations by the working groups have been developed within differing contexts. The conventions for using SONIA compounded in arrears were specifically developed for the loan market

This Q&A assumes that: • the goods in question are a motor vehicle • no judgment has been obtained Schedule 1 Part II to the Torts (Interference with Goods) Act 1977 (T(IG)A 1977) provides that: ‘…(1) A notice under section 12(3) shall— (a) specify the name and address of the bailee, and give sufficient particulars of the goods and the address or place where they are held, and (b) specify the date on or after which the bailee proposes to sell the goods, and (c) specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods and which became due before the giving of the notice. A bailee who exercises

In a residential tenancy, it is possible for the landlord to include a term of the lease for the tenant to obtain contents insurance, and such products are available on the market (the landlord