The Equitable Remedy of Subrogation
Equitable remedies, which were established by the Court of Chancery, are discretionary in nature and their aim if to maintain fairness and justice. The role of equity is to...
Corporate Insolvency and Distribution of Funds
Corporate insolvency is governed by the Insolvency Act 1986 and the Insolvency Rules 1986. A new set of rules will come into force on 6 April 2017, with the...
Timing is everything
When will time be of the essence? Time will be of the essence in a contract when a time limit is an essential condition of a contract. Parties may...
An Overview of Part 36 Offers To Settle
A Part 36 Offer is simply a specific type of offer, open to either party, which carries with it significant costs consequences. Such offers are governed by Part 36...
Investor Visas for Non-EEA Investors
Non-EEA investors that are investing in the UK may be eligible for a Tier 1 Investor Visa (“Tier 1 Visa”). The Tier 1 Visa is a visa for high...
Rights to Mines and Minerals: Implications for Conveyancers and Landowners
Introduction For the purposes of property law, the term mines and minerals is defined in Section 132(1) of the Land Registration Act (“LRA”) 2002 and includes any strata or...
Dispute Resolution Clauses
Dispute resolution clauses are important provisions that should be included in a contract. The clauses help determine which country will have jurisdiction and the substantive law that will apply...
Contaminated Land – Proceed with Caution
Purchasers should be mindful when considering purchasing contaminated land as they may be held responsible in the future for the remediation of land that was contaminated prior to their...
Third Parties to Proceedings and Enforcement of Costs
The general principle in English law is that costs follow the event with the successful party generally entitled to seek an order that the unsuccessful party pays its costs....
Security for Costs Post-Judgment: Jurisdiction and Enforcement
Introduction Security for costs is ordinarily sought against Claimants in the course of proceedings by way of an interim application where the defendant has reason to believe that the...