Open space land is, broadly, land laid out as a public garden, or used for the purposes of public recreation, or land which is disused burial ground (section 336 of the Town and Country Planning Act 1990), though there is a broader definition in section 20 of the Open Spaces Act 1906 (OSA 1906). There, the expression ‘open space’ means any land, whether inclosed [sic] or not, on which there are no buildings or of which not more than one-twentieth part is covered with buildings, and the whole or the remainder of which is laid out as

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. You will find our Practice Note: What is a statutory demand? useful in providing guidance on how to prepare and serve a statutory demand. Although the Insolvency Rules 1986, SI 1986/1925 (IR 1986) provide forms for demand against a company (Form 4.1) and individual (Form 6.1), there is no requirement to use these forms, provided: • full particulars of the amount

Parties to a contract often seek to exclude liability in relation to certain types of losses, which can include consequential losses. Such clauses fall within the Unfair Contract Terms Act 1977 (UCTA 1977) for business-to-business contracts and the Consumer Rights Act 2015 (CRA 2015) for consumer contracts. The validity and enforceability of a clause excluding liability will depend on the facts of the case, terms used and whether these are broad enough to cover all the losses and nature of claims arising (for example claims in contract and tort), the identity of the parties (whether this is a B2B or a B2C transaction), whether the clause is deemed fair. For further information, see Practice Note: Exclusion and limitation of liability. For business-to-business contracts, any term of a contract must

Mesne profits are damages in respect of a trespasser’s use and occupation of premises, where the trespasser has remained in occupation without authority or consent of the landowner. This includes where a former

Multiple dwellings relief Multiple dwellings relief (MDR) applies to certain transactions that involve an acquisition of at least two dwellings or an acquisition of one dwelling that is linked to an acquisition of another dwelling. When MDR applies, the total consideration for the dwellings is divided by the number of dwellings acquired to find the average price. The rate of stamp duty land tax (SDLT) is based on that average price instead of on the total consideration (subject to a minimum rate of 1%). Whether or not MDR will apply to a particular granny annex will depend upon whether or not the granny annex would

Section 116(7) of the Finance Act 2003 provides that the purchase of six or more dwellings in a single transaction is treated as non-residential property (rather than residential property). As a result, the non-residential

It is easy to see why this question has arisen, not least because an expert’s fees and expenses for producing a CPR-compliant expert report may be very significant sums. It is assumed in this Q&A that the terms of the settlement reached provide for the payment of the client’s costs on the standard basis to be subject to detailed assessment if not agreed. It is also assumed that no order has been made limiting the amount which the client can recover in respect of the expert’s

We note that the question refers to travel expenses, which are often seen set out in schedules of special damages. However, as a matter of law, we do not consider that the travel expenses incurred by the family members in visiting the claimant would be recoverable, as the defendant would not have owed them the requisite duty of care. Consideration should therefore be given to whether or not there is a viable claim for gratuitous care. Whether or not such a claim would succeed depends very much upon the nature of the visits in question. See our Lexis+® UK Practice Note: Gratuitous care and services for further information. Following the decisions of the Court of Appeal in Cunningham v Harrison [1973] QB 942, and Donnelly v Joyce [1974] QB 454, a claimant is entitled to recover damages in respect of the fair and reasonable value of care and

Looking at the surrounding law, the rules regarding the costs that can be claimed on the small claims can be found under CPR 27.14(2) which says: ‘(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except – (a) the fixed costs attributable to issuing the claim which – (i) are payable under Part 45; or (ii) would be payable under Part 45 if that Part applied to the claim’ In most circumstances therefore, the recoverable costs on the small claims track are restricted to those fixed costs

To make payment of a lost beneficiary's entitlement into Court, the appropriate form to use is the Application Notice (Form N244). This is in accordance with CPR 23 and CPR PD 37, which governs applications for payments into or out of court funds. The application notice must include specific details, such as the reasons

The definition of ‘Supplementary employment’ is found in the Definitions section in the Immigration Rules: Introduction, and since 22 July 2025 has said: ‘Supplementary employment’ means employment in a job (other than the job for which the person is being sponsored) which either: ‘(a) appears in Appendix Immigration Salary List; or (b) is in the same profession and at the same professional level as the job for which the person is being sponsored; or (c) if the person has permission as a Skilled Worker, is in an eligible SOC 2020 occupation code listed in Tables 1, 2 or 3 of Appendix Skilled Occupations; or (d) if the person was granted permission as a Skilled Worker under the rules in

Rule 79 of the Land Registration Rules 2003 (LRR 2003), SI 2003/1417 provides that an application to record in the register the determination of a registered estate must be accompanied by evidence to satisfy the registrar that the estate has determined. If the registrar is satisfied that the estate has determined, he must close the registered title to the estate and cancel any notice in any other registered title relating to it, save in the circumstance specified in LRR 2003, SI 2003/1417, r 79(3). Where a tenant surrenders a lease to their