Occupiers' liability meaning

Section 57 of the Town and Country Planning Act 1990 (TCPA 1990) requires planning consent for any material change in the use of buildings or land. Any limitations or conditions attached to a permission must likewise be adhered to. Liability for any existing breach will transfer to the purchaser. It is therefore essential to verify that the current use of the entire property is properly authorised and that all related conditions are being complied with, or to establish whether any unauthorised use or breach has become immune from enforcement. For further information, see Practice Note: Material change of use. Is the use authorised? Confirm the permitted use of the property, or, where relevant, each planning unit, and determine whether that use is authorised by: an explicit planning permission a certificate of lawful use, or permitted development rights If the permitted use does not mirror an express planning permission, do not assume it is unlawful; it may still be authorised by...

ARCHIVED This Checklist is archived and is not maintained or updated. It considers how UK courts would apply Regulation (EU) 1215/2012, Brussels I (recast)—which concerns the allocation of court jurisdiction for civil and commercial matters—if the UK were to leave the EU on exit day without a deal, the so‑called ‘no deal Brexit’ scenario. ‘Exit day’ has the meaning given by section 20 of the European Union (Withdrawal) Act 2018. The Checklist reviews the Regulation’s jurisdictional articles and evaluates whether the UK courts will apply them and, if so, in what way. The outcome varies depending on whether proceedings are started before exit day (with the jurisdictional issue decided afterwards) or initiated after exit day. The principal UK instrument is the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. Coming into force on exit day, it includes a range of savings provisions and modifications to Regulation (EU) 1215/2012, Brussels I (recast), alongside amendment and revocation of specified UK and EU legislation. For details of the legislation...

ARCHIVED : This Checklist has been archived and is not maintained. This Checklist assesses the stance EU courts are anticipated to take in relation to the application of Regulation (EU) 1215/2012, Brussels I (recast), should the UK leave the EU on exit day without an agreement, the so‑called ‘no deal Brexit’ scenario. In particular, it considers and reviews the Regulation’s articles that address jurisdiction, together with the effects of a no deal Brexit on their practical application in proceedings featuring a UK element (whether involving a defendant domiciled in the UK, a jurisdiction agreement in favour of a UK court, or parallel or related proceedings brought before the UK courts). The position differs depending on whether proceedings were commenced prior to exit day (with the jurisdictional dispute to be determined after that date) or whether the proceedings were instituted after exit day...

In this issue: Economic Crime and Corporate Transparency Act 2023 Equity capital markets Private M&A (share purchase) Corporate governance—EU Members Company restoration Daily and weekly news alerts Dates for your diary Trackers Useful information New Q&As Economic Crime and Corporate Transparency Act 2023 Companies and Limited Liability Partnerships (Protection and Disclosure of Information and Consequential Amendments) Regulations 2024 SI 2024/1377: These Regulations update LLP company law to reflect recent changes under the Economic Crime and Corporate Transparency Act 2023 and expand the scenarios in which a person’s residential address can be withheld from the company register, covering former registered office addresses, while maintaining corporate openness and aligning LLP provisions. They commence on 27 January 2025. See: LNB News 07/11/2024 27. Equity capital markets The Financial Conduct Authority has released Policy Statement PS24/19: Enhancing the National Storage Mechanism, setting out the feedback to Consultation Paper CP24/17, its longer-term vision for the NSM, and...

In this issue: Commercial real estate finance Leasing property Property management Residential tenancies Statutory compliance Property in Wales Additional property updates this week LexTalk®Property: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Commercial real estate finance Deliberate and unauthorised deed alteration renders legal charge void In Boult v Together Personal Finance Ltd [2026] EWHC 809 (Ch), the Chancery Division overturned the County Court at Cardiff, finding that the rule in Pigot’s Case rendered a legal charge void. The appeal turned on whether a unilateral, material change to a deed made after execution—without the other party’s knowledge or consent—invalidates it under the 400‑year‑old Pigot principle. The respondent, Together Personal Finance Limited, had lent money to the appellant, Ms Myranna Boult, secured against her property, and later commenced possession proceedings. Ms Boult maintained that the charge had been amended in manuscript post‑execution to incorporate an additional property without her...

In this issue: Key developments and horizon scanning Leasing property Statutory compliance Property development Property taxes Property in Wales LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Law Society comments on Renters' Rights Bill The Law Society has issued its view on the Renters' Rights Bill, which had its second reading in the House of Lords on 4 February 2025. It broadly backs the planned changes—such as prohibiting ‘no-fault’ evictions and curbing rental bidding wars—but warns these aims risk faltering without clearer enforcement mechanisms and extra funding for the justice system. It also notes the reforms could prompt more contested hearings, since landlords will need to evidence valid grounds for possession, and a spike in claims as tenants gain greater scope to challenge evictions. The Law Society urges the government to set out how courts will be resourced...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

ARCHIVED – This archived practice note sets out information on the EU Damages Directive and captures the position as at its commencement on 27 December 2014. It is not maintained or updated. After nearly a decade of debate, the European Parliament and the Council of Ministers endorsed a new EU directive on private damages actions for breaches of competition law (the Directive). The Directive received formal adoption on 26 November 2014, following sign-off by the Parliament and Council, and appeared in the Official Journal on 5 December 2014; it took effect on 27 December 2014, with Member States afforded two years from that date to transpose its measures into domestic law. The Directive is intended to guarantee that anyone suffering loss caused by an infringement of competition law can effectively pursue full compensation. Its overarching purpose is to tackle obstacles to the effective enforcement of competition rules in the majority of Member States and to set minimum standards and common approaches within the relevant procedural...

This Practice Note forms part of a multi-jurisdictional guide outlining essential aspects of establishing specific business entities across global jurisdictions. Leading law firms in the Multilaw worldwide network respond to key questions on this topic. This edition sets out principal considerations when creating a representative office in Thailand. Current as at 13 January 2023. Authors: Kobkit Thienpreecha and Athistha Chitranukroh, Tilleke & Gibbins, a Multilaw member firm. Common entities Which entity type is addressed here, and which other commonly used forms are covered in separate responses? This response concerns the representative office. The public limited company and the private limited company are discussed in distinct responses. Identify other entity types that exist in this jurisdiction but are not covered at this time: Regional office Limited liability partnership General principles What is the principal source of law authorising this entity? Regulations of the Office of the Prime Minister B.E....

This Agreement is entered into on [ date ] Parties [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 1); and [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 2), each of Party 1 and Party 2 being a party and, together, the parties. BACKGROUND Party 1 supplies [ insert description of goods and/or services ]. Party 2 supplies [ insert description of goods and/or services ]. The parties intend to submit a Bid as a joint tender to the Customer in answer to the Invitation to Tender. The parties seek to state their obligations and manage their rights concerning the Bid and, if the...

This Agreement is entered into on [ date ]. Parties [ Insert name of licensor ], a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] (Licensor); and [ Insert name of licensee ], a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] (Licensee), Each of the Licensor and the Licensee is a party, and together the Licensor and the Licensee constitute the parties. Background The Licensee is [ insert details of the Licensee’s background/background to licence or relevant transaction. ] The Licensor has agreed to provide the Licensor Content to the Licensee and to grant the Licensee a licence to use the Licensor Content in accordance with the terms of this Agreement...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Principal); and [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Agent), (each of the Principal and the Agent is a party and, taken together, the Principal and the Agent are the parties). Background The Principal provides the Services (as defined below). The Principal intends to appoint the Agent as its non-exclusive agent within the Territory (as defined below) for the [ marketing OR marketing and sale ] of the Services, on the terms of this Agreement. The Agent has agreed...

Section 164 of the Highways Act 1980 (HiA 1980) It provides that where land adjacent to a highway has a fence built with barbed wire, or bearing barbed wire on or within it, and the wire amounts to a nuisance to the highway, the highway authority may, by serving notice on the occupier of the land, require that the nuisance be abated within a period of between one and six months from the date of the notice...