What does defective title insurance mean? Insurance purchased in a conveyancing or secured lending transaction to protect an owner or lender against loss arising from a specific defect in title or a related legal risk. Often called title indemnity or legal indemnity insurance, it indemnifies diminution in value, settlement sums and defence/enforcement costs tied to the identified defect. Common uses include gaps in rights of way/easements, breaches or uncertainty over restrictive covenants, missing deeds, adverse possession risks, and planning/building regulation irregularities. Jurisdictional nuances: in England & Wales and Northern Ireland, typical risks include easements, restrictive covenants and (historically) chancel repair liability; in Scotland, equivalent issues...
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Which exposure requires cover for the client, and for what reason?
[ Outline the exposure the client requires cover for, together with the rationale ]
What enquiries have you carried out to confirm whether the client already holds cover that might address this risk?
[ Detail the enquiries undertaken to determine if the client has existing insurance or alternative indemnity that could be appropriate, e.g. within a household insurance policy or through a trade union ]
Name of the proposed insurance provider
Which category of policy are you suggesting?
[ Insert, e.g. title indemnity insurance ]
What is the premium amount, or on what basis is the premium calculated?...
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 ]...