With regard to ensuring that a legal assignment is effective, the following criteria need to be satisfied, as per section 136 of the Law of Property Act 1925: • the assignment must be in writing and be signed by the assignor • it must transfer only the benefit of a contract • the assignment must be absolute rather than being conditional or a partial assignment • the assignment must be of some wholly ascertainable right and not part of a debt (a charge against property will not usually be regarded as an assignment, as

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) deals with applications for orders by any person who is a trustee of land or has an interest in property subject to a trust of land. On an application for an order the court may make any such order relating to the exercise by the trustees of any of their functions or declaring the nature or extent of a person’s interest in property subject to the trust, as the court thinks fit. In determining such an application, TOLATA 1996, s 15 sets out a list of matters which are relevant in determining applications, which includes at TOLATA 1996, s 15(1)(c) the welfare of any minor who occupies or might

The court would ordinarily imply reasonable terms for repayment and if a reasonable period has passed and no payment made then the lender can sue. The real problem, however, is that the period of limitation is six years from the breach of the contract and this might have expired

Repudiatory breach and damages Case law has established that, if the contract states that the property is to be sold with vacant possession, the seller must ensure that any existing tenants or other occupiers (whether or not occupation is authorised) will vacate the property on or before completion. If this cannot be obtained, the seller may be in breach of the contract. See NYK Logistics (UK) v Ibrend Estates and Practice Note: Vacant possession. Repudiation of a contract occurs where one party to it communicates to the other (through words or conduct) that they no longer intend to be bound by it, usually by committing a major breach of a significant

This Q&A assumes that the contract is a general business-to-business commercial transaction. In addition to the express terms agreed between parties to a contract, a contract may also include implied terms. One of the categories of implied terms are those implied into a contract through custom and usage. This may arise where a custom operates within an industry or where a particular custom has arisen between the parties, which is not an industry-wide custom, but is evidenced as customary in the specific course of dealings between the parties. A term will only be implied in this way where there is evidence of a considerable uniform course of dealing between the parties. Cases on course of dealing often concern

In such circumstances, it may be possible to limit the tenant’s repairing obligations by reference to a schedule of condition which could be based upon the contents of the schedule of dilapidations. The purpose of a schedule of condition is to limit, modify or clarify a tenant’s repairing obligations. A tenant may, for example, stipulate

The starting point to considering this question is CPR 3.15A(1) which sets out the circumstances under which a party can seek to amend its costs budget: ‘A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions.’ This provides that where there are significant developments the revising party must revise its budgeted costs, this therefore excludes incurred costs set out in the costs budget. The question of whether a revising party can still revise their budgeted costs if there are no significant developments is addressed by reading this rule in conjunction with both: • CPR 3.15A(3) which states that the particulars of the variation to be provided to the other party for agreement must be confined to the additional costs

In general terms, arbitration is a private, contractual dispute resolution mechanism—it takes place when parties agree to resolve current or future disputes by means of arbitration proceedings rather than through a court process or other means. While there is no statutory definition of arbitration, the Arbitration Act 1996 (AA 1996) states that it is founded on principles that: • arbitration is a process whereby parties obtain a fair resolution of disputes by an impartial tribunal avoiding unnecessary expense and delay • parties are free to agree the process for arbitrating their dispute subject to public interest requirements • arbitration is a private dispute resolution mechanism and courts should not intervene unless provided for in AA 1996 (AA 1996, s 1) Certain

Following Brexit, a court in England and Wales has jurisdiction to make a financial remedies order (whether for maintenance or otherwise) whenever it has jurisdiction to entertain an application for divorce, which is itself governed by section 5 of the Domicile and Matrimonial Proceedings Act 1973 (DMPA 1973), as amended. Consideration no longer has to be given to the jurisdictional requirements of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (the EU Maintenance Regulation). It is now possible to apply for a financial remedies

Rule 2.13 of the Rules for the Independent Resolution of Tenancy Deposit Disputes (3rd Edition) states that: The decision of the Adjudicator is final and binding. By submitting a Dispute for ADR, Landlords, Tenants and Agents agree to accept the outcome and acknowledge that the Adjudicator’s decision cannot be appealed except by applying to the court. There are strict time limits involved in making an application to court and any costs incurred are likely to be significant. There is no right of appeal to TDS or the Department. While there is no internal appeal, a party can complain to the TDS

Civil litigation is increasingly focussed on alternative dispute resolution (ADR). Litigators will be familiar with directions questionnaires which offer a stay to attempt settlement, and in small claims cases, a dedicated civil mediation service exists to help parties reach an agreement. See Practice Note: What is ADR? But how do you take advantage of mediation? And what practical steps need to be negotiated in order for it to be effective? The starting point which runs through the Civil Procedure Rules is that all parties are expected to engage in some form of ADR, notwithstanding issues regarding distance or practicality. Therefore, the fact parties live a significant distance from each other should not prevent them from engaging in some form of ADR. This can be both formal and informal. An exchange of emails regarding settlement would qualify as ADR, as would a telephone conversation with the other party. Of course, more formalised versions of

For the purpose of this Q&A we have assumed that: • the contract is a ‘construction contract’ for the purposes of the Housing Grants, Construction and Regeneration Act 1996 • Party A has: ◦ made supplies under the contract to Party B, and ◦ issued invoices for the supplies which provide for value added tax (VAT) to be added to the consideration for the supply, and • Party B has: ◦ paid the main amount under the invoices, but ◦ disagrees that VAT should be charged on the invoices and has therefore refused to pay the VAT An adjudicator can adjudicate on disputes between the parties to a construction contract and therefore resolve a dispute in a way which binds the parties (unless and until finally