In essence, private properties normally drain sewage and other waste water through a private sewer which connects to the public sewer. The relevant statutory regime relating to sewers is contained in Part IV of the Water Industry Act 1991 (WIA 1991). Essentially, by WIA 1991, s 106 the owner or occupier of any premises or the owner of a private sewer is entitled to have his drains connect with the public sewer and so can discharge foul water from the premises and from the private sewer. There are various statutory duties imposed on statutory undertakers for this purpose. As a result, one would assume that if an owner of a private sewer or property had availed himself of that right and if the public undertaker had carried out works to the public sewer such that the flow from the private sewer was blocked or impeded

Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all their visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them. They must take such care as is reasonable in all the circumstances of the case. A person is an occupier if they have control over the land, even though they are not physically in possession. The test is whether a person has some degree of control associated with and arising from their presence in and use of for

There are no specific requirements regarding service of a Claim Form in a residential possession claim set out in CPR 55, save for provisions relating to service in claims against trespassers. However, we assume that this is not such a claim. In the absence of any specific provisions relating to service in CPR 55, the general provisions regarding service of a Claim Form set out in CPR 6 will apply. The first issue to consider is whether a certificate of service is required. If all the defendants have filed acknowledgments of service within 21 days of service of the particulars of claim then a certificate of service is not required.

We have assumed that: • the question solely relates to the position under EU law on the transfer of personal data from the European Economic Area (EEA) back to the UK (rather than the outward transfer from UK to EEA) • the processor is a private sector entity and not a public body • the controller and processor are not part of the same group • the data being transferred is personal data as defined in Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) • the parties have been correctly identified as a ‘non-EEA controller’ and an ‘EEA processor’ respectively • Brexit will go ahead, with the UK leaving the EEA (as well as leaving the EU) This

Remedies for non-conforming goods The Consumer Rights Act 2015 (CRA 2015) lays out statutory remedies available to consumers for breach of their statutory rights, which includes: • the short-term right to reject the goods (see CRA 2015, ss 20 and 22) within the first 30 days from the date of delivery (see CRA 2015, s 22(3)). The reverse burden of proof (as set out in CRA 2015, s 19(14)) does not apply • the tiered remedies, consisting of first tier remedies—right to repair or replacement, and second tier remedies—right to price reduction or final right to reject (see CRA 2015, ss 20–24). The tiered remedies can be exercised at any time from the date of delivery up to the expiry

The powers relating to the remuneration of personal representatives are contained in sections 28 and 29 of the Trustee Act 2000. As a rule, the office of personal representative, like that of a trustee, is 'wholly burdensome', so that there is no entitlement in law or equity to

Given that an order has been made under section 54 of the Trustee Act 1925 (TA 1925), we assume that this property was jointly owned and that the protected person in question is the last remaining trustee. When two or more people own real property together, a trust of land is created of which the owners are trustees. If one or more of those trustees becomes incapable of managing their property and affairs they will not be able to sign any legally

When considering this issue, it is important to identify that the doctrine of ademption operates independently of the testator's intention. See Practice Note: Failure of gifts—ademption and, in particular, the sections titled ‘Failure of gifts—ademption—Testator's intention’ and ‘Failure of gifts—ademption—Disposals under the Mental Capacity Act 2005 or the Mental Health Act 1983'. The doctrine may apply where the testator is unaware of the sale of the property

It is assumed that access to the apparatus in question is required for the purpose of works (be they renewal, repair, maintenance or similar). The responsibility for maintaining and repairing private water mains generally falls on the owner of the property that benefits from the service. The relevant statutory water undertaker is typically responsible for maintaining and repairing the public water supply mains and infrastructure, but not private water mains on private property. We are not aware of any statutory powers that are available to a landowner in relation to a private water supply that would

The rights and responsibilities of a landowner will depend on the existence of any land charges on the title register, or other title documents. The conveyance for a property may include specific covenants that require a landowner to main watercourses or flood defences. Whether or not such a covenant is capable of binding successors-in-title will depend on the terms of the covenant. If the sluice gate is part of a watercourse that runs through the landowner’s property, the landowner will be a riparian owner and will have rights and responsibilities to maintain the watercourse and the flow of water through it. If the watercourse is a 'main river' then the lead authorities

Part 3 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 (MEES Regulations,) apply to what are called ‘domestic PR property’ and ‘non-domestic PR property’. These somewhat inelegant terms are defined by reference to the Energy Act 2011 (EnA 2011). Domestic PR property is more fully described as domestic privately rented property and will be such if it is let on an assured tenancy for the purposes of the Housing Act 1988 or a regulated tenancy under the Rent Act 1977—see: EnA 2011, ss 42(1)(a) and 42(4). Property subject to a long lease granted for a premium at a low or nominal rent will not therefore be caught. See Practice Notes: Minimum energy efficiency standards (MEES)

Case study: A life tenant of a settlement has built a bungalow on property belonging to the settlement in which she and her husband reside. Upon the wife's death the settlement comes to an end and the land which forms part of the settlement is divided between the remaindermen. Does the bungalow become part of the settlement, can the wife bestow any right on her husband to use the bungalow or does the husband have any rights as against the trustees? How would the wife’s interest in the bungalow be valued and what is the legal position in relation to ownership of the property? A life interest in an estate confers upon the beneficiary the right to the use and occupation of, or the income from, that land and amounts to a lease for life. In some cases the settlement will contain covenants and provisions relating specifically to the use