What does Solicitor mean? A solicitor is a client-facing lawyer who advises on the law, drafts and negotiates documents, manages transactions, and conducts and supervises litigation, often instructing barristers for specialist advocacy. The term is statutory in each jurisdiction and refers to a lawyer admitted to the roll, holding a current practising certificate, and authorised to perform reserved legal activities, subject to professional conduct and accounts rules. Regulation differs slightly across the UK and Ireland: in England and Wales, solicitors are regulated by the Solicitors Regulation Authority (SRA); in Scotland by the Law Society of Scotland; in Northern Ireland by the Law Society of Northern...
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A certificate of title (sometimes referred to as a certificate on title) is a distinct form of report on title. When solicitors are engaged to examine the title to land—for example, where land is being acquired or offered as security—they prepare a report on title for their Client, setting out the results of that investigation.
The process of investigating title is also known as legal due diligence. See Real estate in corporate transactions—overview for further information.
Sometimes, a client will instruct its solicitors to produce a report on title for someone other than the client, for Instance a mortgage lender or a purchaser of shares in a company owning the land, or in relation to a company flotation or a tender process with multiple bidders. A report addressed to a third party is usually described as a certificate of title. This is more formal terminology suitable for the more formal circumstances that give rise to the...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...