Freeths

This Practice Note explains how to bring a possession claim when a lease or licence has ended, whether residential or commercial. It covers Part 55 of the Civil Procedure Rules (CPR 55), how to prepare the claim, and practical guidance for the hearing.

This Practice Note sets out a summary of the protection that can be obtained for geographical indications (GIs) and designations of origin, including appellations of origin, protected designations of origin (PDOs) and protected GIs (PGIs) in the EU. It considers how appellations of origin, PDOs and PGIs interact with trade mark law. It sets out details of the international framework for protection pursuant to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) alongside the protection afforded by EU law for agricultural products and foodstuffs pursuant to Regulation (EU) 1151/2012, for wine pursuant to Regulation (EU) 1308/2013 and for spirits pursuant to Regulation (EU) 2019/787.

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act 1985 (LTA 1985), including the landlord’s power to recover residential service charges, the reasonableness of the demand, the timing of demands and the timing and wording of notices and how to bring an application in relation to service charge demands and recovery before the First Tier Tribunal (Property Tribunal) and the recovery of the landlord’s costs for service charge proceedings.

This Practice Note considers the procedure under section 49(1) of the Law of Property Act 1925 (LPA 1925), by which a buyer or seller of any interest in land may, between exchange and completion, make a summary application to court in respect of any requisitions or objections, any claim for compensation, or any other question arising out of or connected with the contract (other than a question affecting the existence or validity of the contract).The court may make such order as appears just, including an order as to the costs of and incidental to the application. The note also deals with a buyer's rights under LPA 1925, s 49(2) to ask the court to return their deposit in appropriate circumstances.

This Practice Note considers the implications of the Financial Conduct Authority’s (FCA) Consumer Duty for insurers, including consideration of a number of specific issues related to the claims handling process, the calculation and setting of premiums, the suitability of policy wordings and third party involvement.

This Practice Note covers the various situations that a developer may encounter when looking at obtaining vacant possession of a potential development site. It considers the types of occupiers and interests that might be in place, from commercial leases with protection of Part II of the Landlord and Tenant Act 1954, to long-term residents, licensees and telecoms operators, and how those interests may be terminated and vacant possession recovered. As timing is critical to redevelopment, the Practice Note also explains the timing of serving notices and taking action to recover possession, and the importance of ensuring that the developer deals with all the interests on the site.

This defence is to be used where a landlord is opposing a tenant’s application for the grant of a new lease (tenancy) under the Landlord and Tenant Act 1954.

This precedent defence is for use by a tenant opposing a landlord’s application to terminate a lease under the Landlord and Tenant Act 1954.