This Q&A assumes that: • the development is taking place in England • the fixed charge receiver has the power under the security documentation to develop the charged property and do any act which it considers desirable to realise the charged property Although the powers of the fixed charge receiver are determined by the terms of the security documentation, the receiver will ordinarily have the power to develop the charged property and take any steps that they consider desirable or necessary to realise the charged property. If a section 104 of the Water Industry Act 1991 (WIA 1991) agreement needs to be executed with an undertaker in order to allow a sale of the charged property to complete, then the receiver ought to have the power to execute that agreement as an act desirable to realise the charged property. The powers enjoyed

Summary The following facts would support the conclusion that a gel that contains hydrogen peroxide and is designed to be used subgingival and interproximal to control the pathogens that cause gum disease for the treatment of gum disease is a medicinal product, as opposed to a medical device: • the product is presented as having a medical claim, namely treatment of gum disease • a judgment of the Court of Justice held that Directive 2001/83/EC (consolidated version 26.07.2019), the Pharmaceutical Code must be interpreted as meaning that, for a substance to be regarded as exerting a ‘pharmacological action’ within the meaning of that provision, it is not necessary for there to be an interaction between the molecules of which it consists and a cellular constituent of the user’s body, as an interaction between that substance and any cellular constituent present within

See Practice Note: Operation of the Use Classes Order in Wales for general information in this area. Use class A2 is described as comprising uses for the provision of financial services, professional services (other than health or medical services), or any other services (including use as a betting office) which it is appropriate to provide in a shopping area, where the services are provided principally to visiting members of the public. Use class B1 is described as including use for any of the following: • as an office other than a use within class A2 (financial and professional services) • for research and development of products

A grave deed is the name given to a deed of grant relating to a grave. It provides that the person who is the beneficiary of the grave deed is the person who has control of the relevant grave, and allows that person to authorise matters relating to the grave, such as its reopening for further burials, the erection of memorials, and the like. The right is usually personal, but section 44 of the Cemeteries Clauses Act 1847 provides that rights of burial in a place of burial, whether granted in perpetuity or for a limited time is considered as the personal estate of the grantee, and may be assigned in their lifetime or transferred and left by will. Generally, before a burial takes place, authority is required, usually

See Commentary: Defence to a claim for damages and specific performance of repairing covenant: Atkin's Court Forms [101] for a precedent defence to a claim for damages or specific performance in respect of breaches of a landlord’s repairing covenants. Before either issue can be considered, the extent of the landlord’s obligation in respect of premises which are in disrepair must be determined. In the ordinary course of events, there will be express covenants to keep various parts of the building which are the subject of a lease in repair. A distinction is often drawn between the demised premises, where often the liability will be that of the tenant and the property in which the demised premises are situated, where the liability will usually be that of the landlord. By way of example, where a flat is let to a

If a developer is proposing to construct a crane that will project into the airspace above a neighbouring property, the developer will need a licence from the neighbouring owner, otherwise, the developer will be guilty of trespass should the crane project into the neighbouring property’s airspace (see, for example, Anchor Brewhouse (Docklands Developments) v Berkley House Ltd and Woolerton & Wilson v Richard Costain Ltd). The answer to this question will depend very much upon the precise terms of the lease. The

Please note, this Q&A covers the legislation and rules in respect of commercial tenancies, rather than residential property. The right to forfeit Forfeiture is the landlord’s express right to re-enter a premises and end a lease due to a breach of covenant or the occurrence of a specific event detailed in the lease. It is a contractual right and the provisions in the lease determine the circumstances in which a landlord has a right to forfeit. A common forfeiture clause, such as the one in this Q&A, allows forfeiture when rent has been in arrears for a certain number of days, in this case 14 days. Before forfeiting, a landlord must consider the following issues: • is there an express right in the lease? • has this right arisen yet and is there a time limit

A landlord may oppose an application for a new tenancy on a number of grounds. Ground (g) of section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954) applies where the landlord ‘intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence’. The landlord must show that it intends so to use the premises. As Lord Evershed MR put it in Fleet Electrics v Jacey Investments there must be a firm and settled intention not likely to be changed. As the Court of Appeal had

This Q&A looks at the situation where a landlord wishes to forfeit a commercial lease for failure to pay rent by peaceable re-entry and let to a new tenant if the former tenant is granted relief from forfeiture. If a landlord forfeits due to rent arrears, as a general rule (where re-entry is peaceable, and, whether relief is sought in the county courts or High Court), the former tenant should apply for relief without delay and within six months of the date on which the landlord recovers possession. For the detailed rules see Practice Note: Relief from forfeiture for rent arrears. The grant of such relief is discretionary and turns on

See Practice Note: Insurance distribution activities—law firms. This confirms that the underlying Directive (EU) 2016/97, Insurance Distribution Directive applies to the activity of advising on insurance contracts. Likewise, the Solicitors Regulation Authority’s regulatory regime captures advising in relation to a contract of insurance. The

A ‘lease’ is the grant of a right to the exclusive possession of land for a determined length of time, which itself is less than the rights that the grantor enjoys in the land. What is exclusive possession? Exclusive possession is the ability on the part of an occupier of land to exclude all persons, including the landowner, from possession. To enjoy exclusive possession you must enjoy: • a sufficient degree of physical control and actual possession, and • an intention to exercise such custody and control on one’s own behalf and for one’s own exclusive benefit, and • the right to exclude

To assess whether a lease benefits from any security of tenure, it is necessary to consider each type of security in turn and whether the occupier fulfils the relevant criteria. Farm business tenancies To be a farm business tenancy under the Agricultural Tenancies Act 1995 (ATA 1995), the lease must satisfy the Business Conditions, and either the Agriculture Conditions or the Notice Conditions. For the Business Conditions are that: • all or part of the land comprised in the tenancy must be farmed for the purposes of a trade or business, and • all or part of the land must have been so farmed since the beginning of the tenancy (ATA 1995, s 1(2) Therefore,