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A means of acquiring an easement or Profit à prendre by long use.
The doctrine of prescription is a mode of establishing an easement, not creating one. Continuous use immediately before commencing proceedings may give rise to an easement, for which the period is twenty years, or a Profit à prendre, for which the period is 30 years. The use must not be enjoyed by stealth, by force or with permission.
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Terms and conditions—first time issuer's negotiation checklist What this checklist covers This checklist outlines the key points that a lawyer advising a first time issuer should check and, if necessary, seek to amend when reviewing English law terms and conditions for an issue of debt securities. This checklist contains material relevant to: • secured and unsecured debt securities • debt securities constituted by a trust deed, and • debt securities issued without trust deeds, such as: ◦ debt securities issued under a fiscal agency structure—for information on fiscal agents, see Practice Note: Role of a fiscal agent, and ◦ debt securities constituted by an instrument executed by the issuer (and guarantor, if applicable) without a trustee, of the kind used in issues of mini-bonds (a bond instrument) This checklist should be read together with Practice Note: Terms and conditions—first time issuer's guide, which: • explains the practical aspects of the key individual provisions (conditions) usually found in the terms and conditions of debt securities • compares them with the...
Rights of light—Light Obstruction Notice procedure—checklist (Local Land Charges Rules 1977) This Checklist sets out the procedure for obtaining and registering a Light Obstruction Notice (LON) under Rights of Lights Act 1959, including a summary of the 19 years and one day rule, the procedure for applying to the Upper Tribunal (Lands Chamber) (UT) for a definitive and/or temporary certificate, and the application for registration of the LON as a local land charge. From 12 April 2015, the responsibility for local land charges transferred to HM Land Registry. The Local Land Charges Rules 2018, SI 2018/273 (LLCR 2018), which are necessary to bring these amendments into operation, came into force on 6 April 2018. However, the provisions will only have effect in a local authority area after the Registrar has given notice in writing to the local authority that from the date specified in the notice the amendments are to have effect . This Checklist sets out the procedure for registering a Light Obstruction Notice where the Registrar has not...
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Determining whether a Feudal burden survives the Abolition of Feudal Tenure etc (Scotland) Act 2000—flowchart If a real burden was created before 28 November 2004 it will be necessary to establish if it was a feudal real burden and if so whether it survived abolition of the feudal system by section 73 of the Abolition of Feudal Tenure etc (Scotland) Act 2000 (AFT(S)A 2000). Where a feudal burden has survived abolition of the feudal system, it is necessary to consider how to interpret the real burden in the absence of the feudal superior. See Practice Notes: Real burdens in Scotland—creation and interpretation and Real burdens in Scotland—enforcement and extinction and Flowchart: Examining real burdens—flowchart. Note 1 For details of the sunset rule see Practice Note: Real burdens in Scotland—enforcement and extinction—extinguishing real burdens—discharge, acquiescence, negative prescription and the sunset rule. If
Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the sale of goods. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing goods in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Further rights available for the return of faulty or damaged goods under the Consumer Rights Act 2015 are beyond the scope of this Flowchart. Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep...
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Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law prescription)•by statute (under the Prescription Act 1832 (PA 1832))It is possible to seek to establish a claim under each of these methods in the alternative, but a claimant can only succeed on one of them, so is at risk as to costs.The doctrine of prescription is a mode of establishing an easement, not creating one. It is based on the presumption of a grant, ie that the easement has validly existed before the claim is made, but has been lost or destroyed. The presumption arises from the fact of enjoyment of the right, so a right claimed by prescription must be capable of being an easement:•there must be a dominant and a servient tenement•the easement must accommodate the dominant tenement•the dominant and servient owners must be different persons, and•the easement must be capable of forming the subject matter of a grantThere is no requirement that time cannot start...
What is considered advertising of medicinal products? This Practice Note examines the meaning of advertising within the regulatory framework on the advertising and promotion of medicinal products. It considers what activities may constitute advertising and therefore fall within the scope of the strict rules on advertising and promotion of medicinal products. Note that this Practice Note contains references to case law of the Court of Justice of the European Union. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law . Advertising within the regulatory framework in the UK and EU Not all information referring to a particular medicinal product is considered promotional or constitutes advertising, but it is a fine line that can be difficult to discern with potentially serious repercussions for pharmaceutical companies and other parties involved with the communication of information about medicines. For more information about the potential sanctions and enforcement procedure in the UK, see Practice Note: Enforcement of the rules...
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Schedule of loss—multi track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: Between [Insert name]        Claimant and [Insert name]        Defendant ________________________________________________ SCHEDULE OF LOSS CALCULATED TO [INSERT DATE OR INSERT THE DATE OF TRIAL] ________________________________________________ NOTE: On 2 December 2024 the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 2 December 2029. The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [insert date of birth eg 25 August 1986] Date of accident: [insert date of accident eg 16 April 2018] Claimant’s age at...
Proceedings for an Order to repair a Highway Highways Act 1980, Section 56 Proceedings for an Order to Repair a Highway To: [Insert name and address of the highway authority or other person or body which is believed to be liable to maintain the highway or bridge in question] From: [Insert name and address of the complainant] 1 The highway [or bridge] known as [insert street name, road classification and number or name of bridge] and situated at [insert a detailed description of the location of the highway or bridge, referring to an appended map if necessary]: [is maintainable by the highway authority at the public expense OR is maintainable by you [or by your organisation] under a special enactment (namely [name of enactment]) OR is maintainable by you [or by your organisation] by reason of tenure OR is maintainable by you [or by your
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If a local authority has undertaken works on a private street, does that street automatically become a highway maintainable at public expense? Alternatively, under section 228 of the Highways Act 1980, could the works be a one-off and the street remains private? Under section 203 of the Highways Act 1980 (HiA 1980), ‘private street’ means a street that is not a highway maintainable at the public expense. Highways constructed by a highway authority are maintainable at the public expense (by the highway authority) from the time when they are opened for use. A highway built after the Highways Act 1835 came into force is only maintainable at public expense if the relevant public authority has at some point adopted the highway for maintenance. The adoption might be at the request of the owner or on behalf of the authority, and is compulsory if confirmed under a private street works code or similar. See Practice Note: Maintenance liability for highways. A person who proposes to dedicate a...
A property is subject to both a vehicular prescriptive right of way and a public right of way, assuming this over the same route, can the vehicular right of way be stopped? Public right of way Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways and remain in existence until legally closed, diverted or extinguished. It is a criminal offence to obstruct a PROW. A PROW can be diverted, stopped up or created by a 'Public Path Order' (PPO) (sections 118–119 of the Highways Act 1980 (HA 1980) and sections 247–261 of the Town and Country Planning Act 1990). For more information, see Practice Note: Public rights of way. An easement may be established by long use by statute under the Prescription Act 1832. For more information, see Practice Note: Acquisition of easements by long use. This applies to private rights of way. For further guidance, see Q&A: Case...
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This week's edition of Tax weekly highlights includes: (1) the publication of the government’s response to the consultation on the tax treatment of carried interest, (2) the impact of the Spending Review on HMRC, (3) an update to the FTT’s guidance on oral evidence from abroad and (4) HMRC’s update on capital allowances areas of uncertainty.
This week's edition of Family weekly highlights includes details of a speech by Mr Justice Nicklin on open justice and details of the Migration Advisory Committee's new family visa financial requirement review. Analysis of recent judgments on disclosure of journalistic sources, non-matrimonial assets and expert witnesses in care proceedings are included.
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