The Housing Act 1985 (HA 1985) grants secure tenants the right in certain circumstances to acquire the freehold of a house they live in or to be granted a lease of it. Where a secure

We have assumed that: • the servient tenement was not registered when the easement was granted, and • the easement is a legal easement, having been granted by deed The first registration of the servient tenement, whether under the Land Registration Act 1925 (LRA 1925) or under the Land Registration Act 2002 (LRA 2002), will have been subject to existing legal easements binding the servient tenement, under LRA 1925, s 5(b), The Land Registration Rules 1925 (LRR 1925), SI 1925/1093, r 258,

An agency relationship is created via a consensual agreement between agent and principal, who are the only two parties to the agreement. A principal is bound by the terms of any contract

This Q&A assumes that: • consumer credit legislation is not considered within this response and may impact the analysis • it is assumed that the consumer in this scenario is an individual whose trade, business, craft or profession is materially separate from the car they are buying in this contract, as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134, reg 4. It also assumed that this scenario describes an outright purchase, as the Regulations do not apply to regulated credit agreements (which fall under the Consumer Credit Act) CCR 2013, SI 2013/3134 regulate three different types of contracts between traders

Can a Part 36 offer be made? A Part 36 offer can be made in respect of a claim proceeding on the fast track. CPR 28 (fast track claims) contains no preclusion in relation to the application of CPR 36. Contrast this with CPR 27 (small claims track case) which provides at CPR 27.2(1)(g) that CPR 36 offers to settle do not apply to such claims. However, where a claim is subject to fixed costs under CPR 45 then the application of CPR 36 costs consequences may be limited. Part 36 and fixed costs under CPR 45 Where a Part 36 offer is accepted, CPR 36.13 applies (see Practice Note: Part 36 offers—deciding whether to accept a Part 36 offer). CPR 36.13(1) provides that where a Part 36 offer is accepted within the relevant period the claimant will be entitled to their costs of the proceedings

The rules governing small claims CPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the way in which other claims are dealt with. The important provision is CPR 27.2(1). It lists the parts of the CPR that do not apply to small claims. In some cases, an entire part of the CPR does not apply, for example CPR 31 relating to disclosure and CPR 36 relating to offers to settle, and in others, only certain rules within a part don’t apply (eg CPR 27.2(1)(e) limits only some application of CPR 35 on expert evidence). If a part of the CPR is not listed, then it applies unless that particular part itself limits its application. CPR

What information on consideration does the stamp duty legislation require the instrument of transfer to include? Section 5 of the Stamp Act 1891 (SA 1891) requires ‘[a]ll the facts and circumstances affecting the liability of any instrument to duty, or the amount of the duty with which any instrument is chargeable’ to be ‘fully and truly set forth in the instrument’. Where UK shares are transferred, the instrument of transfer is a stock transfer form. Consequently, the consideration box of the stock transfer form must fully and truly set out the consideration. Depending on the circumstances, this may only require an amount to be inserted into the consideration box. In more complex circumstances, this may include an amount along with further language to describe how that amount was arrived at or

Once a debtor has been declared bankrupt and a trustee in bankruptcy (trustee) has been appointed, most causes of action the bankrupt had an interest in vest in the trustee pursuant to section 306 of the Insolvency Act 1986. As a result, in those cases it is the trustee, rather than the bankrupt, who has standing to continue with the claim. Whether the trustee continues with the claim depends on whether that is in the best interests of the bankruptcy creditors. A trustee may assign a cause of action to a bankrupt, in which case the bankrupt has standing to bring or continue proceedings. However, in Pickthall v Hill Dickinson, it was held to be an abuse of the court’s process for the bankrupt to start a claim before taking such an assignment, knowing that he had no cause of action but intending to issue within the limitation period and to take an

Class A, Schedule 2 Part 1 to the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (GPDO) provides permitted development right for the enlargement, improvement or other alteration of a dwellinghouse, subject to limitations, conditions and exceptions. Prior to 25 May 2019, paragraph A.4(13) of the GPDO stated that development permitted by Class A which exceeded the limits in paragraph A.1(f) but was allowed by paragraph A.1(g) had to be completed on or before 30 May 2019. As you are aware,

This question involves the consideration of, and interaction between, the fundamental planning principles of implementation, change of use, the planning unit and abandonment. For detailed discussion of these principles, see Practice Notes: Implementing planning permission and Material change of use. For a development that consists in a change of use, section 56(1)(b) of the Town and Country

Case study A charge is granted over a tenanted property by agreement between the parties during proceedings brought by the chargor for debt recovery and the charge is embodied in a consent order. The chargor wishes to seek an order for sale. Subsequent to the grant of the charge, the creditor has taken further steps to recover the debt and/or the debtor has made payments to reduce the debt, which have since ceased. We refer you initially to the following: • Charging orders over land—overview • Practice Note: Order for sale—next steps after obtaining an order for sale At the outset, it is important to note that the exact wording of the covenant to repay contained in the settlement agreement is important, in order to establish the date of accrual of the cause of action. Conceivably, as well, the settlement

The general rule is that the office of trustee is gratuitous. A trustee is entitled to be reimbursed for costs and expenses actually incurred by him but is not entitled to payment for any professional service rendered by him. This is so even if payment for those services could properly be made to a person who is not a trustee. It is rare these days for the general rule to apply as there are important exceptions. As trustee is entitled to remuneration for services provided in so far as remuneration is authorised by: • a charging clause contained in the trust instrument read with section 28 of the Trustee Act 2000 (TrA 2000) • TrA