Edward Rowntree looks at the need to comply with the letter of the rules Despite its original attempt to make a Part 36 offer, the claimant was able to resile from it by reason of its own failure to comply with the technicalities. Although the heading to this article ought to be unnecessary, it is …
Continue reading "CPR: Beware Part 36"
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Wills & Trusts Law Reports | July/August 2012 #121At the end of the 1940s, the Savernake Estate, which was the subject of these proceedings, was held by a company owned by the 7th and 8th Marquesses of Ailesbury. Between 1949 and 1951 the company was replaced by a partnership. There was a conveyance executed in 1951 by which the estate was conveyed to the Marquesses on trust for sale as part of their partnership. The partnership property also included the family collection of paintings and other chattels. By 1963, there was an agreement that the partnership would be carried on by the 8th Marquess, who had a 51% share, and the trustees f...
Alasdair Thomas reviews the findings on appeal of a case involving a business tenant who, by acquiring a part of the freehold reversion to its lease, was able to prevent the other freeholders from terminating the lease ‘It seems most unlikely that those responsible for drafting s44(1A) of the Landlord and Tenant Act 1954 envisaged …
Continue reading "Case Study: The never-ending tenancy: part 2"
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