Refine By
Clear all filter
About 91012 results for "*"
Q&As
This Q&A assumes that the question relates to the position under UK copyright law. The first point to establish is whether copyright subsists in the film. In principle, a film may comprise a number of individual different copyright works depending on the type of production being made, eg a drama or a factual documentary. For more information, see Practice Notes: • Copyright—protectable works • Copyright in films and television programmes • Copyright in film and television—making a new film The next point to establish is whether putting quotes from the film onto a t-shirt and selling it constitutes an act (or acts) of copyright infringement.
Q&As
The short answer to the question posed is no. Whether an easement is acquired by grant, implication or prescription, it is in principle, acquired for the benefit of dominant land and not for the benefit of other or additional land. See Practice Notes: Easements—use and extent and Acquisition of easements by long use. In relation to a right of way acquired by grant the general rule is that a right of way may only be used for gaining access to the land identified as the dominant land in the grant. Romer LJ said in Harris v Flower & Sons [1904] 74 LJ Ch 127 (not reported by LexisNexis®) at [132] that ‘If a right of way be granted for the enjoyment of close A, the grantee, because he owns or acquires close B, cannot use the way in substance
Q&As
Where there is substantial interference with the enjoyment of an easement such as a right of way, the beneficiary of that easement can bring a claim. However a claim will lie only where the right cannot be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction, see West v Sharp (1999) 79 PCR 237 (not reported by LexisNexis®). In order for the claim to lie against the owner of the servient land they must be responsible for or in control of the obstruction. Where a servient owner parks, or permits cars to be parked, upon the right of way, they will clearly be responsible
Q&As
Case study The landowner with the burden of the positive covenant to maintain/repair has no requirement or ability to use the unadopted road and access is obtained from another road. What is an easement? An easement is a right which a landowner has over neighbouring land. Rights of way are a common easement. Easements are generally negative in character. If there is a right of way over land then one must not obstruct it, but generally one is not obliged to take positive steps to keep the surface in good repair. See Practice Note: Easements—overview for further information. Covenants to contribute to cost of maintenance An
Q&As
Where a care order has been made in relation to a child the local authority responsible for the care order has parental responsibility for the child pursuant to section 33(3) of the Children Act 1989 (ChA 1989). The parents of the child do not cease to have parental responsibility solely because some other person acquires it. A person with parental responsibility is not entitled to act in a way which would be incompatible with any order made under the ChA 1989. The effect of
Q&As
This Q&A covers the position in relation to the validity of a gift to one particular beneficiary and does not consider the formal validity of Wills generally. Valid witnesses If a beneficiary, or their spouse or civil partner, witnesses the Will, the gift to that beneficiary is void. However, the Will itself would remain valid and operate as if that beneficiary had predeceased the testator. It
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for statutory security of tenure for most business tenancies. As a result, a tenancy does not expire by effluxion of time but continues and either the landlord or the tenant can apply to the court for the grant of a new tenancy. The landlord can terminate the tenancy only through following the procedure as set out in the Act. By LTA 1954, s 38, parties cannot contract out of its provisions, save as permitted by LTA 1954, s 38A or the remainder of LTA 1954, s 38. LTA 1954, s
Q&As
The court has only very limited power with regard to child maintenance, which is governed in the main by the Child Support Act 1991 (CSA 1991), the provisions of which reserve jurisdiction to award child maintenance to the Child Maintenance Service (CMS) in all but a limited range of circumstances. For example, the court retains a residual power in respect of parties outside of England and Wales, where a paying party’s income is in excess of £156,000 gross per annum enabling the court to award a top up to the CMS maximum calculation, or where the parties have reached an agreement in writing (which includes a consent order submitted to the court for approval), see further Practice Note: Child maintenance and financial provision—spouses and civil partners. An agreement adopted by
Q&As
The combined effect of section 1(1)(c) and (3) of the Housing Act 1988 (HA 1988), and HA 1988, Sch 1 Pt I para 10(1) is that a tenancy granted by a resident landlord ‘cannot
Q&As
The ability to agree an extension of time will depend on a variety of factors, including the deadline which
Q&As
If the parties enter into an agreement to grant a new lease at a later date, then section 28 of the Landlord and Tenant Act 1954 (LTA 1954) would apply and the previous lease would lose LTA
Q&As
The use of electronic signatures under the law of England and Wales is regulated by the Electronic Communications Act 2000 (ECA 2000), the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016, SI 2016/696, the Retained Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the UK eIDAS regulation, as amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc) (EU Exit) Regulations 2019, SI 2019/89 following the UK’s withdrawal from the EU) and case law. ECA 2000, s 7(1) provides that: 'In any legal proceedings, an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and the certification by any person of such a signature, shall be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the