Positive covenants—overview

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 ]...

There are three different ways by which the creation of an easement can be implied at common law: necessity intended use the rule in Wheeldon v Burrows Be aware that easements may likewise also be implied by statute under section 62 of the Law of Property Act 1925 (LPA 1925); for additional guidance, see Practice Note: Easements—LPA 1925, s 62 and permissions. An implied grant at common law stems from an express disposal of either the servient or the dominant tenement (or a contemporaneous disposition of both). Such implications only arise where the dominant and servient tenements were formerly held in common ownership. An implied easement can also arise on the grant of a lease in the same circumstances as on a transfer or conveyance; however, its duration is confined to the period for which the lease actually subsists. For simplicity, the discussion that follows in the remainder of this Practice Note will consider only a sale scenario. The right asserted must be capable of constituting the subject matter of an easement. For further guidance, see Practice Note: Easements—nature and characteristics...

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...