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Due diligence—easements—checklist

Due diligence—easements—checklist A property may: • have the benefit of easements exercisable over other property; or • be subject to easements exercisable over the property for the benefit of other property The land over which an easement is exercised is called the 'servient land'. The land with the benefit of an easement is called the 'dominant land'. An easement may entitle the owner of dominant land to: • make use of the servient land (eg a right of way), or • receive something from the servient land without interference or obstruction (eg a right of light, air or support) An easement may require the owner of servient land to refrain from using the servient land in such a way as to interfere with the easement, for example: • by leaving a right of way over the servient land clear and unobstructed, or • by not building on the servient land in such a way as to, for example, obstruct the light received by the dominant land An easement does not...

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Guide to the council budget decision

Guide to the council budget decision What is the budget? By 11 March each year, each Council must set an amount of council tax. Behind this, are a set of calculations laid down in legislation which boil down to the amount by which expenditure exceeds income in accordance with the required calculations and which then forms, in England, the authority’s ‘council tax requirement’ (whereas in Wales, it is still referred to as the ‘budget requirement’). For further information on council tax, see Practice Note: Council tax. Income will come from: • government grants (both general and ring-fenced) • business rates (national non-domestic rates (NNDR)), see Practice Note: National non-domestic rates—billing recovery, exemptions and reliefs • investments, and • fees or charges that the law may permit the Council to operate The Council may also make use of financial reserves it has for this purpose. Council tax itself is subject to certain strictures, not least of which is the capping regime, which then limits the amount of income that can be...

Outsourcing procurement solicitation process

Outsourcing procurement solicitation process Originally authored by James E. Meadows, Culhane Meadows PLLC for Lexis Practical Guidance® US, and adapted for Lexis+® UK. This Practice Note discusses the considerations faced by the customer commissioning an outsourcing process in its approach to the marketplace of potential outsourced services providers and the alternative methodologies that it can take to narrow the field at several consideration stages of the selection process. It is aimed at general commercial practitioners advising business customers in relation to outsourcing transactions in the private sector, and does not consider public procurement outsourcing considerations. If you require guidance on public procurement, see: Procurement procedure—overview. In the context of choosing a procurement approach for an outsourcing agreement, no single strategy suits all situations and quite often unique circumstances will necessitate a custom made approach. For example, clients (customers of outsourcing services) often favour competitive bidding approaches, but in particular situations, sole source arrangements can yield the kind of competitive terms usually obtained through formal competition, particularly when one can leverage...

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Deed of covenant: for a ship mortgage

Deed of covenant: for a ship mortgage This Deed is made on [insert day and month] 20[insert year] Parties 1 [insert name of Owner], a company incorporated in [England and Wales] with registered number [insert company number] whose registered office is at [insert address] (the Owner); and 2 [insert name of Mortgagee] of [insert address] (the Mortgagee) RECITALS (A) The Mortgagee and the Owner have entered into a loan agreement dated [insert date] (the Loan Agreement) [a copy of which is attached to this Deed as Schedule 3] in which the Mortgagee has agreed to make a loan of [insert amount of loan] to the Owner to [re-] finance the [purchase OR construction] of the m.v. [insert name of ship] registered as a United Kingdom ship in the name of the Owner under official number [insert ship number] (the Ship). (B) To secure the performance by the Owner of its obligations under the Loan Agreement and this Deed including the payment to the Mortgagee...

Legal charge to secure overage payments

Legal charge to secure overage payments Date [insert date of deed] Parties 1 [insert name of buyer] [of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Buyer); and 2 [insert name of seller] [of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Seller). 1 Definitions In this deed the following definitions apply: 1925 Act • Law of Property Act 1925; Affordable Housing • has the meaning given to the term 'social housing' in the Housing and Regeneration Act 2008; Competent Authority • any local authority highway authority or other authority or body exercising powers under statute or by royal charter or any utility service or supply company or body; Costs • all costs, charges, expenses and liability on a full and unlimited indemnity basis incurred by the Seller (including without limitation all legal and...

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In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time?

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time? Criminal Procedure Rule (CrimPR), SI 2020/759, r 34.2 is entitled ‘Service of appeal and respondent’s notices’. CrimPR, SI 2020/759, r 34.2(5) provides as follows: 'Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal— (a) the respondent must serve a respondent's notice on— (i) the Crown Court officer; and (ii) the appellant; and (b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.' The clear inference is accordingly that, where the respondent intends to contest an appeal to the Crown Court, they are required to file a Respondent’s Notice...

Where A consents to their caveat being removed and to the grant being issued in consideration of a payment from the estate can this be dealt with by a consent summons to the Probate Registry or would an application to the Chancery Division be required?

Where A consents to their caveat being removed and to the grant being issued in consideration of a payment from the estate can this be dealt with by a consent summons to the Probate Registry or would an application to the Chancery Division be required? We assume that the caveator’s appearance to the warning stated their contrary interest or a cause against the sealing of the grant. If the caveator had not entered an appearance, and did not issue a prior summons for directions, then the caveat could be withdrawn at any time and ceases to have effect (rule 44(11) of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (SI 1987/2024, r 44(11)). An application for probate can be made in these circumstances without any further court order. Where the caveator has entered an appearance to the warning, the probate registry will not issue the grant of representation without the court's decision. The caveat would otherwise remain in force until the commencement of a probate...

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Environment weekly highlights—17 October 2024

This week's edition of Environment weekly highlights includes: news analysis on South Lakeland Action on Climate Change—Towards Transition v Secretary of State for Levelling Up, Housing and Communities, in which permission for a proposed ‘net zero’ coal mine was quashed. Friends of the Earth has also confirmed this week that there will be no appeal over the decision. In addition, this week Dan Corry, has been appointed to conduct an internal review of the regulation and regulators within the Department for Environment, Food and Rural Affairs (Defra), the Department for Business and Trade (DBT) has launched a consultation on the development of a new Industrial Strategy, the UN Climate Change (UNCC) has announced the publication of two key standards to operationalise a new UN crediting mechanism ahead of COP29. Further, the Office for Environmental Protection (OEP) has published a report on the drivers and pressures affecting nature in Northern Ireland. DESNZ has published the response to its consultation on the climate change agreement scheme and Defra has published guidance on...

Planning weekly highlights—17 October 2024

This week's edition of Planning weekly highlights includes: court decisions relating to failure to consider noise impacts in granting planning permission and the quashing of a proposed ‘net zero’ coal mine; a £68m funding commitment to unlock brownfield sites; and the OEP’s response to the NPPF consultation.