Liability for acts of third parties There is no general duty to take positive steps to prevent third parties from causing injury to others, however foreseeable or preventable: Smith v Littlewoods Ltd. This principle is subject to exceptions, one of which is where the defendant has a quasi-parental responsibility for the acts of the third person, such as Home Office v Dorset Yacht Co Limited and Glaister and others v Appleby-in-Westmorland Town Council. One student causing injury to another Our Practice Note: Accidents in schools—liability in tort provides useful commentary on the general nature of a school’s duty towards its pupils, which is often equated with that of the 'reasonably careful parent'. Lord Hope explained in Barnes v Hampshire County Council that: 'The standard of care for the school authorities was to take such care of the children as a reasonably careful

Details of the coronavirus (COVID-19) job retention scheme (CJRS) are set out: • in the HMRC’s: ◦ guidance for employers: Check if you can claim for your employees' wages through the Coronavirus Job Retention Scheme, and ◦ guidance for employees: Check if your employer can use the Coronavirus Job Retention Scheme, and • in The Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction (Treasury Direction) issued by the Treasury on 15 April 2020 The HMRC employer guidance was first published on 26 March 2020. Since then it has been updated on 4 April, 9 April, 15 April, 17 April and 20 April. For information on the CJRS generally, see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived]. See also News Analyses: • Treasury gives legal effect to Coronavirus

Registration of charge There is nothing to stop a charge (whether first, second etc) from being registered. The issue is that the entries before it will take priority, eg any first charge that is registered. For further information in this regard, see Practice Note: Land registration—legal and equitable charges and HM Land Registry. As to unilateral notices, notices protect the priority of a specific burden such as a restrictive covenant or right of way affecting the land in a registered title. Where the priority of an interest is protected by entry of a notice in the charges register, that interest will (if valid) bind any purchaser from or mortgagee of the registered title. For further information,

One of the methods of enforcement open to a judgment creditor is to obtain a charging order over a property or securities owned by the judgment debtor. A charging order is made by an application in the original proceedings (see CPR 73.3 of the Civil Procedure Rules 1998, SI 1998/312. However, the making of a final charging order simply has the effect of securing the judgment debt against an asset of the judgment debtor and does not provide the judgment creditor with satisfaction of the debt. CPR 73.10C therefore makes provision for

The question of whether a section 106 contribution would be refundable in the event of non-completion will depend on the wording of the s 106 agreement, in particular the use to which the money is to be applied. Caselaw has demonstrated that it is possible to secure a refund of s 106 monies in limited circumstances. For example, in Hampshire County Council v Beazer Homes [2010] EWHC 3095, the developer was required to make financial contributions under a section 106 agreement in connection with a major mixed use development project towards

Section 20 of the Landlord and Tenant Act 1985 imposes a cap on the recoverability of certain residential service charges unless a detailed consultation process is followed in advance (or dispensed with by the tribunal). The detail of the process is set out in the Service Charges (Consultation Requirements) (England) Regulations 2003, SI 2003/1987. The approach to service of notices required by the Regulations is discussed in Commentary: The consultation requirements: Service Charges: Law and Practice [2.16], which gives the following

A request for a new tenancy under section 26 of the Landlord and Tenant Act 1954 must set out (among other things) the tenant's

An agreement made under section 278 of the Highways Act 1980 (HA 1980) (as amended) is an agreement whereby a party agrees to pay the local highway authority (LHA) to undertake works in an existing highway. In some circumstances, and subject to the consent of the LHA, the paying

Tenant’s eligibility to claim a lease extension pursuant to the LRHUDA 1993 Section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) concerns the right of a qualifying tenant of a flat to acquire a new lease. A particular requirement (under LRHUDA 1993, s 39(2)(a)) is that the tenant has been a qualifying tenant for the last two years of the flat in question. In Wellcome Trust Ltd v Baulackey, it was held that the required two-year period of ownership begins to run from the date the tenant is registered as the proprietor at HM Land Registry. The answer to this question is therefore that the buyer’s solicitors cannot serve a valid section 42 notice on the landlord between exchange and completion of a flat purchase:

The tenant can withdraw from the acquisition procedure at any time before a new lease is entered into by giving notice of withdrawal of the notice of claim to the competent landlord, every other landlord, and to any third party to the tenant's lease. The tenant will also be deemed to have withdrawn the notice of claim if he

This Q&A assumes that the reference to the right for the landlord to serve a counter notice is the date provided in the section 42 notice for the service of a counter notice on the tenant pursuant to section 42(3)(f) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). If the section 42 notice is served and

Section 5 notices need to be served in circumstances where a landlord of a building (which qualifies under the Landlord and Tenant Act 1987 (LTA 1987)) wishes to make a relevant disposal under LTA 1987. See Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. There is no prescribed form for a section 5 notice. However, under LTA 1987, s 54(1)(a), the notice must be in writing. There is no requirement for it to be signed. This can be contrasted with notices under the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993), which require a signature under LRHUDA 1993, s 99(5). A county court decision (see Calthorpe Road Freehold v Wahedally CLCC [2016] EGLR 55 (not reported by LexisNexis®))