When it comes to the grounds on which a respondent can object to an application to amend a Notice of Appeal in the Employment Appeal Tribunal (EAT), it will be relevant to consider the factors that the EAT will take into account in determining whether or not an amendment should be allowed. These factors are likely to be the same whether the application has been made under paragraphs 3.12 or 10.16 of the Practice Direction (Employment Appeal Tribunal—Procedure) 2018. Permission to amend a Notice of Appeal (EAT PD 2018, para 3.12) When seeking permission to amend a Notice of Appeal, an appellant must comply with the requirements set out in EAT PD 2018, para 3.12, in particular the requirement that the application must be made as soon as practicable. They do not have a right to amend it; the permission of the EAT must first be sought. It was in this context that the case of Khudados

Pursuant to Part 29.1 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010, SI 2010/2955, 29.1) there is now no requirement on a party to reveal the party's home address or other contact details unless the court directs otherwise. In such cases, the party must give details of those particulars to the court by completing the form prescribed (Form C8). Those particulars will not be revealed

A restriction on a registered title will regulate the way that registered title is dealt with. It will not protect the priority of an interest in land; that can only be done by entry of a notice. The effect of the entry of a restriction is to prevent the registration of a disposition, or to require certain steps to be taken before a disposition can be registered (eg providing evidence of consent given by the person with the benefit of the restriction). See Practice Notes: Land registration—restrictions and Land registration—notices and priority under the Land Registration Act 2002. A restriction may be entered by application to HM Land Registry by or with the consent of the registered proprietor or where the applicant has sufficient interest in the making

A restrictive covenant is a contractual obligation which prevents a landowner from doing something on or to their land. Such covenants are capable of binding successive owners of land. The enforceability of a covenant is always a matter of its interpretation, if it is not clear whether what has been done amounts to a breach of that covenant. Where a breach is shown the court may award injunctive relief or damages. The interpretation of the covenant is, as with any contractual provision, based upon the objective reasonable reader—the meaning is that which would be conveyed to a reasonable

Covenants restricting the use of land imposed by a seller may be divided into three classes: • covenants imposed for the seller’s own benefit • covenants imposed as owner of other land, of which the land sold formed a part, and intended to protect or benefit the unsold land • covenants on a sale of land to various buyers who, with their respective successors in title, are intended mutually to enjoy the benefit of, and be bound by,

A Part 26A restructuring plan (RP) can proceed even if there is an extant winding up petition. Generally the company will however seek an adjournment of the petition pending hearing of the RP. Alternatively, upon application the courts may stay (i) individual creditor claims under CPR 3.1(2)(f) or (ii) enforcement of judgments under CPR 83.7(4)(a),

In conducting our research we have focused on the statutory rights under the Consumer Rights Act 2015 (CRA 2015) relating to faulty goods. Consumers have rights where goods are faulty or not as described, and retailers' returns policies can add to, but not

Retention of title generally At its simplest, a retention of title clause allows the seller to retain title to goods which it has delivered to a buyer until the buyer has paid for them in full or, where permitted to do so, sold them on to a third party, (see Aluminium Industrie Vaassen v Romalpa Aluminium[1976] 2 All ER 552). See Practice Note: Retention of title which sets out the key elements of retention of title clauses. Precedent: Retention of title (standard, or simple) clause and Drafting and negotiating a retention of title clause—checklist outline key provisions and issues for consideration when drafting and negotiating retention of title clauses, and may also provide further guidance and reading links. The buyer altering the goods From a practical perspective, you should consider whether the clause in question provides for the scenario

This Q&A refers to a retention of title (ROT) clause in a business-to-business contract for the supply of goods. At its simplest, an ROT clause allows the seller to retain title to goods which it has delivered to a buyer until the buyer has paid for them in full or, where permitted to do so, sold them on to a third party (Aluminium Industrie Vaassen v Romalpa Aluminium). Under the Sale of Goods Act 1979 (SGA 1979), property in specific or ascertained goods passes to the buyer when the contracting parties intend it to pass (SGA 1979, s 17) and a seller can, as a term of the contract, reserve the right of disposal (SGA 1979, s 19). The seller may also reserve the right of disposal of the goods after their delivery to the buyer until certain conditions are met. An ROT clause in the contract

Where a transfer reserves rights, those rights are usually reserved to the transferor for the benefit of the transferor's retained land. While, technically,

This question raises the issue of the effect of boarding up, or otherwise obstructing windows, on a claim to a right to light. For a right to light to arise by prescription, whether under common law, lost modern grant, or the Prescription Act 1832 (PA 1832) there must be actual enjoyment of the light through defined apertures. In Smith v Baxter, it was held that boarding up of two windows prevented them enjoying the right to light (although shelving in front of a third, which allowed substantial

In short, yes—a right of way can be granted in a transfer over a road which is yet to be constructed. Assuming this is not a road to be publicly adopted,