A non-party to litigation can, under CPR 5.4C, if the court gives permission, obtain from the records of the court a copy of a document filed by a party, such as for example an expert report. For further guidance, see Practice Note: Non-party access to court documents and information in civil proceedings, in particular section: Non-party access to court documents and information in civil proceedings—Obtaining copies of other documents or communications with the court under CPR 5.4C. Further, the court has inherent jurisdiction

Under the Landlord and Tenant Act 1987 (LTA 1987), certain landlords are prohibited from making certain disposals without first serving a notice on the ‘qualifying tenants’ of the premises. The notice must, among other things, state that it constitutes an offer by the landlord to enter into a contract which may be accepted by the requisite majority of tenants. During the period for acceptance of the offer, the landlord must not dispose of the property except to a person nominated

See Checklist: Checklist for the creation and registration of easements. Where a lease of more than three years but fewer than seven grants easements, those easements must be registered against the servient land. Easements which are not registered against the landlord’s title are not legal

A person with the care of a ‘qualifying child’ may apply to the Secretary of State for a maintenance calculation by the CMS. A child is a qualifying child in accordance with section 3 of the Child Support Act 1991 (CSA 1991) if one or both of their parents is not living in the same household as them. A non-resident parent who is self-employed is obliged to pay child maintenance just as an employed parent is. The difference is that it can be more difficult for

There are a number of issues to consider in the context of your question, including: • the scope of the trust powers of appointment • the relevant laws applicable to the offshore trust • the law of the jurisdiction in which the settlor was resident and/or domiciled at the relevant times • the requirements for a document to be admitted to probate in England and Wales and how additional documents may be incorporated into a Will or other testamentary document • possible tax considerations

On 6 April 2015, new rules came into force which levy a capital gains tax (CGT) charge on the disposal of UK residential property by non-residents, including offshore trustees. The extended CGT charge takes precedence over existing anti-avoidance provisions that attribute gains to UK resident settlors

For the purposes of this Q&A we have assumed that the statutory undertaker is a sewerage undertaker. This Q&A is relevant where the apparatus is in England. Power to lay pipes The Water Industry Act 1991 (WIA 1991) gives a water or a sewerage undertaker a statutory right to lay pipes above or below ground, and grants rights of access onto private land for inspection, maintenance and alterations under WIA 1991, s 159; see Practice Note: Statutory wayleaves and rights of access. In establishing whether this section applies, 'relevant pipe' for these purposes includes a water main, a service pipe and a main sewer, although powers to lay service pipes are more restricted. For definitions of these terms we refer you to WIA 1991, s 219. For these purposes, WIA 1991, s 219(2) provides that references to a pipe, including

It is assumed in this scenario that the notice is an agreed notice because it is a notice entered under the Land Registration Act 1925 which is treated as an agreed notice by virtue of paragraph 2(1) of Schedule 12 of the Land Registration Act 2002 (LRA 2002). We also assume that there is no possibility of locating the contract in the pre-registration deeds or by obtaining historical copies of the register using form HC1 or by obtaining an office copy of the entry in the Land Charges register from the Land Charges Department. An agreed notice may be removed if the registrar is satisfied that the interest

In the case of leases, the service of notices will be governed by common law, express contractual provisions or by statute, depending on the terms of the lease and the type of notice being served. At common law, service by landlord or tenant of a notice to quit or of any other requisite notice may be effected by: • personal delivery to the tenant or to the landlord or • post or • delivering it to his duly authorised agent (a spouse, servant or employee at the premises is taken to be so authorised—see below) If the service provisions incorporate the Law of Property Act 1925, s 196, this provides that: (3) Any notice required or authorised by this Act to be served shall be sufficiently served if it is left

Effective service of the referral notice and other documents is essential for any party wishing to pursue adjudication as a means to resolve a dispute. If this issue is left uncertain, it is likely that a responding party would use it to challenge enforceability of the award upon enforcement. Section 115 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) provides that the parties are free to agree in their contract the manner of service of ‘any notice or other document required or authorised to be served in pursuance of the construction contract or for any of

For the three-month notice period to apply, there must have been an amount payable in respect of the goods that was incurred before the giving of the notice. This implies that there must have been some form of prior agreement between the bailor and the bailee by which, for example, the bailor agreed to be liable for the bailee’s costs of storing the bailor’s goods if they were to become the bailee of them, which existed prior to any service of a notice of intention to sell. For example, this could occur

The Royal Institution of Chartered Surveyors (RICS) Common Auction Conditions (see RICS—Auctioneers selling real estate (incorporating Common Auction Conditions) (7th edition)) make provision for the service of a notice to complete by either the seller or the buyer. Service requires the other to complete within ten business days, excluding the date on which notice is given, making time of the essence. There is no prescribed form. It mirrors the provision which is made, for example, in the Law Society’s Fifth Edition of the Standard Conditions of