There is nothing about the nature of a commercial tenancy which distinguishes it from any other tenancy (whether used for residential, agricultural or other purposes). All tenancies are leases. While the word ‘lease’ can be used as a verb to refer to the process of granting a tenancy, or as a noun to refer to the document which contains a grant, most fundamentally, a ‘lease’ is understood as the property right vested in the grantee. In this sense, it can also be referred to as ‘a leasehold interest’ or ‘a term of years absolute’ as referred to in section 1(1)(b) of the Law of Property Act 1925 (LPA 1925). Moreover, a ‘term of years absolute’ is then defined in LPA 1925, s 205 as: ‘…a term of years (taking effect either in possession or in reversion

Providing the declaration of trust has been validly declared, there is no restriction on the split of the beneficial interest between the beneficiaries. For guidance on the creation of a valid trust, see Practice Notes: • Creation of trusts by declaration, and • Creation of trusts—express trusts It

There does not appear to be any reason why a lease, granting exclusive possession, could not be made in respect of common land. Easements are frequently reserved over demised premises, in favour of the landlord or others, without impinging on the tenant’s exclusive possession. See Commentary: Easements relating to demised property: Hill and Redman’s Law

An assured shorthold tenancy (AST) is a type of assured tenancy. The Practice Note: Assured and assured shorthold tenancies—granting, in particular the section ‘Criteria for AT’, sets out

An interest in possession is sometimes referred to as a life interest trust. In Pearson v IRC, an interest in possession was described as ‘a present right to the present enjoyment’ of something. Such a life interest trust provides for a beneficiary to have the immediate and automatic right to receive the income generated by the trust property, or to have the use and enjoyment of the trust property. The beneficiary of such a trust is sometimes referred to as a life tenant. The life tenant may well not have any rights over

IP & IT analysis: Can you obtain a supplementary protection certificate (SPC) for more than one product based on a basic patent? Following the Advocate General’s (AG) opinion in Georgetown, Laura Reynolds, Associate and Contentious IP Specialist at Bristows, considers the issues surrounding the grant and waiver of SPCs.

We assume that: • each company will be holding its own board meeting to consider and approve the matters • the same directors will be attending each board meeting, and • the chair of each company’s board meeting will be the same person The legal requirements relating to the requirement for and maintenance of board minutes are set out in sections 248 and 249 of the Companies Act 2006 (CA

For further guidance regarding bus accident claims, including the key case law, the type of evidence that can be obtained, and practical tips on how to deal with such claims, see Practice Note: Road traffic accidents involving buses. One of the leading cases involving a bus passenger who was injured whilst they were standing is that of Fletcher v United Counties Omnibus Co Ltd. At first instance, the claimant was held 30% contributory negligent for failing to steady themselves by using the fixed supports available. The judge, at first instance, held that they ‘ought to have known that it would be wise to use some sort of support and there was support available. She could have steadied herself but she did not’. The defendant appealed on the basis that there should not have been a finding of primary negligence against the bus driver. The Court of Appeal determined that:

For the purpose of this Q&A we have assumed that this Q&A is referring to real property—ie a house or similar, rather than something personal like a piece of jewellery, a book or a product containing a trade mark. In conducting this research, we have focused on the property use issue and have not dealt with data protection, privacy or moral rights issues which might arise. The Advertising Standards Authority (ASA) regulate advertising across all media. They apply the Advertising Codes which are written by the Committees of Advertising Practice (CAP). We refer you to the CAP guidance Privacy: Landmarks and property. While not binding, this provides a useful best practice. In relation to recognisable property of members of the public, it states: ‘When it comes to the recognisable property of members of the public, marketers should take care not to feature them without permission. An ad for construction firm which featured

When seeking to bring a claim, it is important to ensure that it is brought within the time frames provided for under the Limitation Act 1980. A failure to do so could enable a defendant to have a complete defence against the claim. It is, therefore, important to know when the limitation period will start and expire, which will vary depending on the nature of the claim being brought. For more information on limitation periods, see Practice Note: Limitation Act 1980—general application. Where a limitation period is near to expiry, it is open to the parties to either suspend or extend the limitation period. In this regard, we refer you to the following Precedents (both with

Moorings are provided by a number of different operators including navigation authorities, riparian landowners and other third parties. There are numerous different types of mooring arrangements which may be granted depending upon the particular circumstances. Is assignment possible? A licence is ordinarily a right in personam rather than a right in rem. As such, the grant is personal to the grantee, rather than being a right which is transferable. While it is important to consider the licence carefully in order to ascertain whether or not it can be assigned, it appears that many navigation authorities do not allow assignment, and view mooring licences as purely personal. However, as will be seen below, this need not always be the case. If the question concerns a grant by the navigation authority, the terms of the licence

It is possible to bring proceedings for forfeiture in relation to a farm business tenancy. Law of Property Act 1925, s 146 (section 146) applies to farm business tenancies and sets out the requirement to