Interference with a Right of Way – How Far Can the Grantor Go?

30th September 2009

If you grant a right of way you cannot then interfere with it if the right of way cannot be “substantially and practically exercised as conveniently as before”. Any interference producing this result will be unlawful. However, in a recent … Continue reading

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What is a Material Change for Insurance Purposes?

30th September 2009

An insurance contract being a contract of “the utmost good faith” the insured must disclose to the insurer all “material” facts (and not misrepresent material facts). In deciding what is material a statutory definition says “every circumstance is material which … Continue reading

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UPDATED ARTICLE – New coastal access provisions are on their way – what might they mean for landowners?

16th July 2009

The Marine and Coastal Access Bill has completed its progress through the House of Lords and has recently had its second reading in the House of Commons.  According to DEFRA’s website, Royal Assent for the Bill is planned for 2009 … Continue reading

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Beware of wrongful trading

18th May 2009

In these challenging economic times it is tempting for company directors to try and “trade the company out of trouble”. This can be guided by the mistaken beliefs that “good times must be just around the corner” and “I’m just … Continue reading

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Directors’ Address

18th May 2009

With the recent increase in concerns about privacy and, in particular, use of personal data, company directors are becoming increasingly concerned about the legal requirement to have their residential address listed in the company’s own statutory registers, and the public … Continue reading

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Terms of Business

18th May 2009

Making sure you have carefully drafted terms and conditions of business in place is extremely important, especially in the current market where people are tightening their belts and looking at ways to cut corners to save money and ease cash … Continue reading

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Surely it’s implied?

18th May 2009

You would think contracts were simple things really, a few express terms, some mutual obligations, throw in a bit of consideration… no problem. Why then is it that people so often realise that some fundamental point they thought was covered … Continue reading

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New Coastal Access Provisions are on their way – What Might They Mean For Landowners?

20th April 2009

The Marine and Coastal Access Bill is currently in the House of Lords Committee stage. The Bill is expected to go to the House of Commons after Whitsun. According to DEFRA’s website, Royal Assent for the Bill is planned for … Continue reading

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Can Landlords Afford to Accept Monthly Rent Payments?

20th April 2009

Some tenants are asking their landlords if they can pay their rent monthly rather than quarterly for cashflow reasons. Before agreeing to this landlords should bear the following in mind:     Check any loan facility arrangements which usually anticipate that … Continue reading

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When is a Property Transaction Not a Property Transaction?

20th April 2009

…….When it can be set aside under insolvency law on the basis that it is a transaction at an undervalue. In times of recession as businesses suffer it can be tempting for a company to move assets into what is … Continue reading

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