Party Walls Law and Practice
|
|
- Griselda Cummings
- 5 years ago
- Views:
Transcription
1 Party Walls Law and Practice Fourth Edition Stephen Bickford-Smith MA (Oxon), Barrister, FCIArb, Chartered Arbitrator Master of the Bench of the Inner Temple Landmark Chambers, London David Nicholls MA (Oxon), Barrister, Landmark Chambers, London and Andrew Smith Partner, Child & Child, London with Alistair Redler BSc, FRICS, Senior Partner, Delva Patman Redler LLP, London and Liverpool
2 Published by LexisNexis LexisNexis Regus Terrace Floor Castlemead Lower Castle Street Bristol BS1 3AG Whilst the publishers and the author have taken every care in preparing the material included in this work, any statements made as to the legal or other implications of particular transactions are made in good faith purely for general guidance and cannot be regarded as a substitute for professional advice. Consequently, no liability can be accepted for loss or expense incurred as a result of relying in particular circumstances on statements made in this work. RELX (UK) Limited, trading as LexisNexis 2017 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, including photocopying or recording, without the written permission of the copyright holder, application for which should be addressed to the publisher. Crown Copyright material is reproduced with kind permission of the Controller of Her Majesty s Stationery Office. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN Typeset by Letterpart Limited, Caterham on the Hill, Surrey CR3 5XL Printed in Great Britain by Hobbs the Printers Limited, Totton, Hampshire SO40 3WX
3 CONTENTS Preface to the First Edition Preface to the Fourth Edition Table of Cases Table of Statutes Table of Statutory Instruments Table of European Legislation v vii xix xxix xxxiii xxxv Chapter 1 Introduction 1 Source of current law 1 Antecedents 1 The 1939 Act 2 Operation of the Act 4 Structure of the book 4 Definitions 4 Substantive rights 5 Adjacent excavation 5 Special foundations 5 Ancillary rights and obligations 5 Award 5 Financial matters 5 Security 6 Notices 6 Successors in title 6 Other areas of law 6 Practical points for surveyors 6 Criminal offences 6 Problem areas 6 Appendices 6 Application 7 Commencement and transitional provisions 7 Chapter 2 Application of the Act 9 Definitions 9 Party wall 9 Overhangs 10 Trespassing buildings 11
4 x Party Walls Party fence wall 11 Party structure 12 Owner 13 Other expressions 14 Wall 14 Fence wall 15 External wall 15 Boundary wall 16 Line of junction 16 Extent 16 Multiple owners 17 Flats 17 Consent, agreement and contracting out 18 Statutory mischief 18 Contracting out 18 Consent within the Act 21 Must be specific 22 General consents 22 Consent outside the Act 23 Disadvantages of proceeding outside the Act 23 Contracting out 24 Overlapping consents 24 Chapter 3 Rights of Building Owner 25 Introduction 25 Boundary not built on: section 1 26 Inherent contradictions 26 Extent of application 27 Works authorised 27 Building on the boundary (party wall or party fence wall) 28 Originating notice 28 Consent notice 28 No consent 29 Time limit 29 Building wholly on building owner s land (fence wall) 29 Originating notice 30 Footings and foundations 30 Cost and compensation 30 Rights of entry 31 Disputes 31 Boundary already built on: section 2 32 Rights under section 2 32 Party structure notice: section 3 34 Requirements 35 Effect 35 Effect of changes in design of the project on validity of notices 36 Consents 37
5 Contents xi Counter-notice: section 4 38 Objects 38 Requirements 38 Effect 38 Disputes: section 5 39 Consequences of non-compliance with the Act 39 Civil remedies 40 Injunctions 43 Final and interim injunctions 43 Injunctions on notice and not on notice 44 Prohibitory and mandatory injunctions 44 Quia timet injunctions 44 Interim injunctions: principles 44 Not on notice interim injunctions 48 The claimant s cross undertaking 49 Permanent injunctions and damages in lieu 54 When will damages be awarded in place of an injunction? 56 The defendant s conduct 57 The public interest 59 Mandatory injunctions 61 Quia timet injunctions 64 Particular issues regarding injunctions in party wall cases 66 Chapter 4 Adjacent Excavation and Construction 69 Introduction 69 Distances 69 3-metre notice 69 6-metre notice 70 Measurements 70 Horizontal 71 Depth: 3-metre area 71 Depth: 6-metre area 71 Points to note 72 Non-apparent structures 72 Meaning of excavation 72 Meaning of building or structure 74 General 75 Structures with no foundations 75 Underground services 75 Bottom of the foundations 76 Section 6(3) 76 Notices 76 Scope of dispute 78 Lapse of notice 78 Plans 79 Common law liability 79 Further references 80
6 xii Party Walls Chapter 5 Special Foundations 81 Introduction 81 Definition 81 General principle 82 Sections 1 and 2 85 Party structure notice 85 Section 6 notice 85 Counter-notice 86 Consent in writing 86 Requirements 87 Oral consent 87 Expenses 87 Section 11(9) 88 Section 11(10) 88 Chapter 6 Ancillary Rights and Obligations 93 Introduction 93 Section 7 93 Section 7(5): what work may be carried out 94 Sections 7(3) and 11(6): premises laid open 95 Section 7(3): duty to provide protection 95 Section 11(6): allowance for disturbance 95 Sections 7(1) and (2): unnecessary inconvenience and compensation for damage 96 Scope of section 7(1) 96 Scope of section 7(2) 99 History 99 Authorised work 101 Work otherwise actionable 102 Effect of completed work 102 Loss from use of completed works 103 Interrelationship of section 7(1) and 7(2) 103 Enforcement 104 Extent of surveyors jurisdiction 104 Surveyors or court? 105 Interest 106 No-fault compensation 106 Duty to make good 107 Section 11(8): payment in lieu 107 Chapter 7 Rights of Entry 111 Introduction 111 Right of building owner 111 Right of surveyors 112 Notice before entry 113
7 Contents xiii Usual working hours 113 Civil remedy 114 Occupiers 114 Human rights aspects 115 Chapter 8 The Award Procedure and Scope 117 Introduction 117 Dispute 117 Qualification and independence of surveyors 118 Machinery of appointment 120 Methods of appointment and selection 120 Agreed surveyor 120 Parties surveyors 121 Third surveyor 121 Secondary methods 122 Parties surveyors 122 Third surveyor 122 Death and incapacity of surveyors 123 Agreed surveyor 126 Parties surveyors 126 Third surveyor 127 Refusal and neglect by surveyors general 127 Agreed surveyor 127 Third surveyor 127 Refusal and neglect by parties surveyors 127 Section 10(6): refusal 128 Section 10(7): neglect 128 Requirements common to refusal and neglect 129 Making the award 129 Service of the award 131 Scope of award: surveyors jurisdiction 132 Limits of jurisdiction 133 Preliminary determination of jurisdiction 134 Successive awards 135 Retrospective awards 135 Multiple parties 136 Procedure and form of award 137 Surveyors as arbitrators 137 Immunity of surveyors 138 Chapter 9 The Award Effect and Enforcement 141 Introduction 141 Effect 141 Estoppel 142 Amendments and corrections to award 142
8 xiv Party Walls Enforcement: action on the award 143 Payment of money 143 Breach of non-monetary term 145 Damages 145 Specific relief 146 Payment of costs and expenses 147 Enforcement: action outside the award 148 Further award 148 Compensation 149 Inconvenience: inadequate protection 149 Unauthorised work 149 Other tort 150 Adjoining occupiers 150 Interest 150 Venue 151 Procedure 151 Limitation 151 Equitable set off 152 Chapter 10 Rights of Appeal 155 Introduction 155 Extent of matters which can be raised on appeal, and mode of appeal 155 Procedure on appeal: Zissis v Lukomski 156 Procedure otherwise than by appeal 157 Venue 157 Appeal to the Court of Appeal 158 Time-limits 159 Effect of appeal 160 Judicial review? 160 Severability 161 Chapter 11 Financial Matters 163 Introduction 163 The meaning of costs and expenses 163 Costs 163 Expenses 164 Expenses: general rule 165 Liabilities of adjoining owner 165 Section 11(3) 166 Section 11(4) 166 Section 11(5) 167 Section 11(7) 167 Section 11(9) 167 Section 11(11) 167 Costs 167 Other liabilities of building owner 169
9 Contents xv Recovering expenses from adjoining owner 169 Account 169 Notice of objection 170 Section Chapter 12 Security for Expenses 173 Introduction 173 Security by the building owner (section 12(1)) 174 Factors 175 Related to work 175 Related to building owner 176 Amount 177 Manner of giving security 177 Security by adjoining owner (section 12(2)) 178 Works required by adjoining owner 178 Tit-for-tat 178 Procedure: time limit 179 Failure to respond or comply 179 Adjoining owner: section 12(3) 179 Building owner 180 Chapter 13 Service of Notices 181 Introduction 181 Formal requirements of notices 181 Amendment of notice 183 Mode of service 183 Personal delivery 183 Postal service on an individual 183 Postal address 184 Service on a body corporate 185 Service on the owner of premises 185 Other methods of service 186 Persons on whom notices must be served 186 Joint owners 187 Failure to serve notices 187 Waiver of time-limits or irregularities in notices 187 Chapter 14 Successors in Title 189 Introduction 189 Definitions 189 Assignability: benefit and burden 190 Before award: dispute procedure 191 Agreement 191 Dispute 191
10 xvi Party Walls Dissenting successor 192 Building owner 192 Adjoining owner 192 After award 193 Immediate rights and liabilities 193 Rights (benefit) 193 Liabilities (burden) 193 Arena Property Services Ltd v Europa 2000 Ltd 194 Contingent rights and liabilities 195 Rights (benefit) 195 Liabilities (burden) 196 Conveyancing implications 197 Liabilities affecting a purchaser 197 Purchaser from building owner 197 Purchaser from adjoining owner 197 Registration as land charge 197 Dispute 198 Rights under an award 198 Rights of entry 198 Vesting of works 199 Contingent liabilities 199 Action for conveyancers 199 Before contract 199 Contract 200 Completion 200 Land charges 200 Registered land 201 Shortcomings 201 Chapter 15 Relationship with other Areas of Law 203 Introduction 203 Common law rights in party walls 203 Section Section 9(a) 204 Section 9(b) 205 Right to light 206 Right of support 207 Protection from the weather 208 Negligence 209 Nuisance 209 Adjoining owners and occupiers 210 Third parties 211 Trespass 211 Breach of statutory duty 211 Existence of duty (section 6) 212 Scope of duty (section 6) 213 Access to Neighbouring Land Act 1992 ( the 1992 Act ) 213
11 Contents xvii Other statutory requirements 215 Human Rights Act General 216 Relevant provisions of the Convention 216 Article 6(1) 217 Article Article 1 of the First Protocol 219 General jurisdiction of the Court 219 Chapter 16 The Practical Role of the Party Wall Surveyor 221 Introduction 221 Advice prior to service of notice 222 Preparation of notices 223 The building owner s surveyor 224 The adjoining owner s surveyor 225 Considerations for party wall surveyors 227 Access 227 Security for expenses 227 Assessment of damage 227 Section 11(11) payment 228 Surveyor acting as agreed surveyor 229 Referral to third surveyor 229 Chapter 17 Criminal Offences 231 Section 16(1): refusal of entry 231 Vicarious liability 231 Refusal 232 Reasonable cause 232 Entry pursuant to the Act 232 Occupiers 233 Section 16(2): hindering entry 233 Procedure 233 Chapter 18 Problem Areas 235 Introduction 235 Defects 235 Appendix 1 Party Wall Etc Act Appendix 2 London Building Acts (Amendment) Act Appendix 3 Checklists of Notices 271
12 xviii Party Walls Appendix 4 Precedents Line of Junction Notice Party Structure Notice Counter-notice to Party Structure Notice Three/Six-metre Notice Consent Notices Notice of Dispute Notice of Entry Formal Request Appointment of Surveyors Selection of Third Surveyor Award Notice Requiring Security Appeal to county court A. Appeal under CPR Part 52 seeking to have the award set aside as a nullity, or modified B. Part 7 Claim seeking relief on the basis the award was a nullity Account Notice of Objections to Account 312 Appendix 5 The Party Wall etc Bill in Parliament 313 House of Lords 313 House of Commons 313 Appendix 6 Errors and Inconsistencies 315 Index 317
Judicial Review A Practical Guide
Judicial Review A Practical Guide Third Edition Hugh Southey QC Amanda Weston Jude Bunting Raj Desai With a Foreword by Sir Adrian Fulford Published by LexisNexis LexisNexis Regus Terrace Floor Castlemead
More informationDirectors Duties. Andrew Keay LLB, M Div, LLM, PhD
Directors Duties Andrew Keay LLB, M Div, LLM, PhD Professor of Corporate and Commercial Law Centre for Business Law and Practice School of Law University of Leeds Professorial Research Fellow Deakin Law
More informationUrgent Applications in the Court of Protection
Urgent Applications in the Court of Protection Second Edition Her Honour Nazreen Pearce District Judge Sue Jackson Nominated Judge of the Court of Protection Published by Jordan Publishing Limited 21 St
More informationInsolvency Law Corporate and Personal
Insolvency Law Corporate and Personal Fourth Edition Andrew R Keay LLB; MDiv; LLM; PhD; Barrister (England and Wales); Legal Practitioner (Aust) Professor of Corporate and Commercial Law Centre for Business
More informationEMERGENCY REMEDIES IN THE FAMILY COURTS
EMERGENCY REMEDIES IN THE FAMILY COURTS PREPARING, MAKING AND ENFORCING EMERGENCY FAMILY AND CHILD LAW APPLICATIONS Her Honour Nasreen Pearce BA, LLB General Editor Nigel Fricker QC Founding Editor Richard
More informationGuide to Personal Injury Claims Procedure
Guide to Personal Injury Claims Procedure Second Edition John McQuater LLB, LLM Head of Litigation, Atherton Godfrey Solicitors Published by Jordan Publishing Limited 21 St Thomas Street Bristol BS1 6JS
More informationJudicial Review: Law & Practice
Judicial Review: Law & Practice Second Edition General Editors The Hon Mrs Justice Patterson DBE Sam Karim Barrister, Kings Chambers Assistant Editor Justin Leslie Barrister and Assistant Parliamentary
More informationProperty Boundaries (Resolution of Disputes) Bill
Property Boundaries (Resolution of Disputes) Bill CONTENTS 1 Application of this Act to existing proceedings 2 Stay of pending proceedings and referral of disputes for determination under this Act 3 Procedure
More informationProbate Disputes and Remedies
Probate Disputes and Remedies Third Edition Dawn Goodman Solicitor and Partner, Withers LLP Paul Hewitt Solicitor and Partner, Withers LLP Henrietta Mason Solicitor, Withers LLP Published by Jordan Publishing
More informationGuide to Child Abuse Compensation Claims
Guide to Child Abuse Compensation Claims Second Edition Elizabeth-Anne Gumbel QC Justin Levinson Malcolm Johnson Richard Scorer Published by Jordan Publishing Limited 21 St Thomas Street Bristol BS1 6JS
More informationProperty Boundaries (Resolution of Disputes) Bill [HL]
Property Boundaries (Resolution of Disputes) Bill [HL] EXPLANATORY NOTES It is expected that explanatory notes to the Bill, prepared by The Earl of Lytton, the Member in charge of the Bill, will be published
More informationJUDICIAL REMEDIES IN PUBLIC LAW
LITIGATION LIBRARY JUDICIAL REMEDIES IN PUBLIC LAW by Clive Lewis Barrister, Middle Temple WlTH A FOREWORD BY THE RT. HON. LORD JUSTICE LAWS LONDON SWEET & MAXWELL 2000 Foreword Foreword to First Edition
More informationMental Health: Law and Practice
Mental Health: Law and Practice Second Edition Professor Philip Fennell Cardiff Law School, Cardiff University Published by Jordan Publishing Limited 21 St Thomas Street Bristol BS1 6JS Whilst the publishers
More information- and - Judgment Judgment date: 3 April 2018 Transcribed from 15:18:09 until 15:55:42. Reporting Restrictions Applied: No
Case No: D70CF001 IN THE CARDIFF CIVIL AND FAMILY JUSTICE CENTRE 2 Park Street Cardiff CF10 1ET BEFORE: HIS HONOUR JUDGE MILWYN JARMAN QC BETWEEN: ZULFKAR AHMED - and - MRS MAUREEN PARSONS APPLICANT RESPONDENT
More informationTHE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION
THE COMMON LAW LIBRARY CLERK & LINDSELL ON TORTS TWENTIETH EDITION SWEET & MAXWELL &O?3 THOMSON REUTERS Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of Civil Procedure
More informationCompensation, Disturbance, Inconvenience. Under the Party Wall etc. Act 1996
Compensation, Disturbance, Inconvenience Under the Party Wall etc. Act 1996 Compensation The compensation provisions in section 7(2) are new in as much as they now refer to any work in pursuance of the
More informationPARTY WALL ETC ACT 1996 PCA GUIDANCE NOTE FOR CONTRACTOR MEMBERS
PARTY WALL ETC ACT 1996 PCA GUIDANCE NOTE FOR CONTRACTOR MEMBERS This Guidance Note is of necessity general in nature and companies and individuals should satisfy themselves that specific circumstances
More informationLONDON MARITIME ARBITRATION
LONDON MARITIME ARBITRATION THIRD EDITION BY CLARE AMBROSE, FClArb Barrister, 20 Essex Street AND KAREN MAXWELL Head of Arbitration, Practical Law Company WITH ANGHARAD PARRY Barrister, 20 Essex Street
More informationArbitration Law of Canada: Practice and Procedure
Arbitration Law of Canada: Practice and Procedure Third Edition J. Brian Casey JURIS Questions About This Publication For assistance with shipments, billing or other customer service matters, please call
More informationThe Law of State Immunity
The Law of State Immunity Third Edition HAZEL FOX CMG QC PHILIPPA WEBB 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It
More informationCHAPTER 315 TRADE MARKS ACT
CHAPTER 315 TRADE MARKS ACT Act Subsidiary Legislation ACT Act No. 46 of 2003 Amended by Act No. 50 of 2004 ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title and commencement. 2. Interpretation.
More informationUnnecessary inconvenience and compensation within the party wall. legislation
Unnecessary inconvenience and compensation within the party wall legislation Chynoweth, P http://dx.doi.org/10.1108/02630800010330149 Title Authors Type URL Unnecessary inconvenience and compensation within
More informationPERSONAL TRAINER LICENCE AGREEMENT
PERSONAL TRAINER LICENCE AGREEMENT THIS AGREEMENT is made 28/01/2015 BETWEEN (1) Pure Gym Limited whose registered office is at Town Centre House, Merrion Centre, Leeds, LS2 8LY, company registration number:
More informationCase Nos: QB/2013/0589 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ON APPEAL FROM THE CENTRAL LONDON COUNTY COURT HHJ BAILEY.
Neutral Citation Number: [2014] EWHC 1219 (QB) Case Nos: QB/2013/0589 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ON APPEAL FROM THE CENTRAL LONDON COUNTY COURT HHJ BAILEY Before: MR JUSTICE AKENHEAD
More informationTHE COMMON LAW LIBRARY PHIPSON ON EVIDENCE SEVENTEENTH EDITION ;: THOMSON REUTERS SWEET & MAXWELL
THE COMMON LAW LIBRARY PHIPSON ON EVIDENCE SEVENTEENTH EDITION SWEET & MAXWELL ;: THOMSON REUTERS PAGE Foreword Preface Table of Cases Table of Statutes Table of Civil Procedure Rules Table of Legislation
More informationParty Wall Appeals lessons from the Rolls Building case. John de Waal QC
Party Wall Appeals lessons from the Rolls Building case John de Waal QC Introduction Section 10 of the Party Wall etc. Act 1996 ( the Act ) provides a now well-known and established mechanism for resolving
More informationHome Building Amendment Act 2014 No 24
New South Wales Home Building Amendment Act 2014 No 24 Contents Page 1 Name of Act 2 2 Commencement 2 3 Schedule 2 Amendment of NSW Self Insurance Corporation Act 2004 No 106 48 Schedule 3 Repeals 50 New
More informationREVOCABLE LICENSE TO USE PROPERTY
REVOCABLE LICENSE TO USE PROPERTY Agreement made on the day of, 20, between, an ecclesiastical corporation organized and existing under the laws of the State of Michigan, having its principal office located
More informationHONG KONG (Updated January 2018)
Arbitration Guide IBA Arbitration Committee HONG KONG (Updated January 2018) Glenn Haley Haley Ho & Partners in Association with Berwin Leighton Paisner (HK) 25 th Floor, Dorset House Taikoo Place, 979
More information2008 No. 426 TOWN AND COUNTRY PLANNING. The Town and Country Planning (Development Planning) (Scotland) Regulations 2008
SCOTTISH STATUTORY INSTRUMENTS 2008 No. 426 TOWN AND COUNTRY PLANNING The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 Made - - - - 18th December 2008 Laid before the Scottish
More informationHousing and Planning Bill
Housing and Planning Bill FOURTH MARSHALLED LIST OF AMENDMENTS TO BE MOVED ON REPORT The amendments have been marshalled in accordance with the Order of 11th April 2016, as follows Clauses 118 to 122 Schedule
More informationICE Adjudication Procedure
Institution of Civil Engineers This copy is correct at 30 April 2012. Please check www.ice.org.uk/disputeresolution for updates. Published by ICE Publishing, 40 Marsh Wall, London E14 9TP. Full details
More informationEarly Childhood Australia (NSW) Inc. Constitution
Early Childhood Australia (NSW) Inc. Constitution Associations Incorporation Act 2009 (NSW) Ratified Thursday 5 th May, 2016 ECA (NSW) Inc Constitution draft April 2015 Page 1 Part 1 Preliminary Objective
More informationCONDOMINIUM PROPERTY AMENDMENT ACT, 2014
Province of Alberta CONDOMINIUM PROPERTY AMENDMENT ACT, Statutes of Alberta, Current as of June 13, 2016 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park
More informationMR PETER WHITE MRS OLGA WHITE. And MR STEPHEN LITTLE MRS MICHELLE LITTLE AUTHORISED JUDGMENT
MR PETER WHITE MRS OLGA WHITE Appellants And MR STEPHEN LITTLE MRS MICHELLE LITTLE Respondents AUTHORISED JUDGMENT - 9.2.17 1. The Appellants appeal against a Party Wall Award, dated 6.10.16, made by the
More information2012 No. 264 SEA FISHERIES. The Fishing Boats (Satellite-tracking Devices) (Scotland) Scheme 2012
Order made by the Scottish Ministers, laid before the Scottish Parliament under section 15(3) of the Fisheries Act 1981, for approval by resolution of the Scottish Parliament within 40 days beginning with
More informationPage 1 of 17 Attorney General International Commercial Arbitration Act (R.S.N.B. 2011, c. 176) Act current to March 7, 2012 2011, c.176 International Commercial Arbitration Act Deposited May 13, 2011 Definitions
More informationDEPOSITORY AND BANKING SERVICES CONTRACT. This Depository and Banking Services Contract, hereinafter
STATE OF TEXAS COUNTY OF DEPOSITORY AND BANKING SERVICES CONTRACT This Depository and Banking Services Contract, hereinafter referred to as "Contract", is made and entered into between the City of, a Type
More information26 October 2015 H.M. TREASURY HELP TO BUY: ISA SCHEME RULES
26 October 2015 H.M. TREASURY HELP TO BUY: ISA SCHEME RULES 2 Contents PART I OVERVIEW OF THE HELP TO BUY: ISA SCHEME 4 PART II INTERPRETATION 5 1. Definitions and Interpretation 5 PART III ESTABLISHING
More informationFinancial Services and Markets Act 2000
Financial Services and Markets Act 2000 2000 Chapter c.8 ARRANGEMENT OF SECTIONS PART I THE REGULATOR Section 1.The Financial Services Authority. The Authority's general duties 2. The Authority's general
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice
More informationLaw of the United States
Law of the United States An Overview by Peter Hay L. Q. C. Lamar Professor of Law Emory University, Atlanta Universitatsprofessor (ret.), Dresden Third Edition C.H.BECK Bruylant, Brussels 2010 Preface
More informationHamilton City Council BYLAWS HAMILTON STORMWATER BYLAW 2015
Approved By: Hamilton City Council Date Adopted : 28 May 2015 Date In Force: 28 September 2015 Clause 7.1(e) - 12 months from enforcement date Clause7.1(f) 6 months from enforcement date Review Date: To
More informationTHE LAW OF NUISANCE IN CANADA
THE LAW OF NUISANCE IN CANADA Gregory S. Pun, B.A., LL.B. Of the Ontario Bar, Of the British Columbia Bar Margaret I. Hall, LL.B., LL.M. Of the British Columbia Bar LexisNexis* TABLE OF CONTENTS Dedication
More informationCivil Litigation. 15th Edition
Civil Litigation 15th Edition Civil Litigation 15th Edition John O'Hare, LL.B. (Leicester), Barrister, Costs Judge, Master of the Supreme Court Costs Office Kevin Browne, LL.B. ( ewcastle), Solicitor,
More information2008 No LAND REGISTRATION, ENGLAND AND WALES. The Land Registration (Electronic Conveyancing) Rules 2008
STATUTORY INSTRUMENTS 2008 No. 1750 LAND REGISTRATION, ENGLAND AND WALES The Land Registration (Electronic Conveyancing) Rules 2008 Made - - - - 2nd July 2008 Laid before Parliament 4th July 2008 Coming
More informationAGRI-FOOD. The Agri-Food Act. Repealed by Chapter A of the Statutes of Saskatchewan, 2004 (effective October 8, 2004).
1 AGRI-FOOD c. A-15.2 The Agri-Food Act Repealed by Chapter A-15.21 of the Statutes of Saskatchewan, 2004 (effective October 8, 2004). Formerly Chapter A-15.2 of the Statutes of Saskatchewan, 1990-91 (consult
More informationNorthern Iron Creditors' Trust Deed
Northern Iron Creditors' Trust Deed Northern Iron Limited (Subject to Deed of Company Arrangement) Company James Gerard Thackray in his capacity as deed administrator of Northern Iron Limited (Subject
More informationVictims of Crime (Rights, Entitlements, and Notification of Child Sexual Abuse) Bill [HL]
Victims of Crime (Rights, Entitlements, and Notification of Child Sexual Abuse) Bill [HL] CONTENTS 1 Overview 2 Victims 3 Victims code of practice 4 Enforcement of the victims code of practice Area victims
More informationContents. Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi
Contents Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi v I Introduction 1 I Why have a book on remedies? 1 II What is a remedy? 2 A Monism and dualism 4 B
More informationMYANMAR COMPANIES LAW. (Unofficial Translation)
MYANMAR COMPANIES LAW (Unofficial Translation) i DRAFT MYANMAR COMPANIES LAW TABLE OF CONTENTS PART I PRELIMINARY... 1 Division 1: Citation, commencement and definitions... 1 PART II CONSTITUTION, INCORPORATION
More informationRULES FOR EXPEDITED ARBITRATION. of the Finland Chamber of Commerce
RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce The English text prevails over other language versions. TABLE OF CONTENTS
More informationEU Referendum Bill B I L L. Provide for a referendum about the United Kingdom s future relationship with the European Union.
A B I L L TO Provide for a referendum about the United Kingdom s future relationship with the European Union. BE IT ENACTED by the Queen s most Excellent Majesty, by and with the advice and consent of
More informationAGREEMENT FOR THE ESTABLISHMENT THE AFRICAN LEGAL SUPPORT FACILITY
AGREEMENT FOR THE ESTABLISHMENT OF THE AFRICAN LEGAL SUPPORT FACILITY THE STATES AND INTERNATIONAL ORGANIZATIONS, PARTIES TO THE PRESENT AGREEMENT RECALLING the declaration of the African Finance Ministers
More informationEquity and Trusts in Malaysia
Equity and Trusts in Malaysia LLB (Hons), Ahmad CLP Paul Linus Andrews LLB (Hons), LLM, CLP MALAYSIA SINGAPORE HONG KONG SWEET & MAXWELL ASIA 2005 Contents Preface About the Authors Table of Cases Table
More informationb) Where we work on a matter jointly for more than one client, the rights and obligations of the joint clients will be joint and several.
TERMS & CONDITIONS OF CHIOTELIS & CO I] Preface & Definitions 1. Panagiotis Chiotelis, a lawyer of the Supreme Court of Greece and a solicitor of the Supreme Court of England and Wales is trading as Chiotelis
More informationCase 3:16-cv BAS-DHB Document 3 Filed 05/02/16 Page 1 of 9
Case :-cv-00-bas-dhb Document Filed 0/0/ Page of 0 JAN I. GOLDSMITH, City Attorney DANIEL F. BAMBERG, Assistant City Attorney STACY J. PLOTKIN-WOLFF, Deputy City Attorney California State Bar No. Office
More informationINFORMATION REGARDING PROTECTION OF ADJOINING PROPERTIES.
INFORMATION REGARDING PROTECTION OF ADJOINING PROPERTIES. Pursuant to Regulation 111 of the Building Regulations 2018 and Section 84 of the Building Act 1993 When is protection of adjoining property required?
More informationFIFTH CIRCUIT PRACTICE
FIFTH CIRCUIT PRACTICE DANA LIVINGSTON ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 515 Congress Avenue, Suite 2350 Austin, Texas 78701 512-482-9304 dlivingston@adjtlaw.com State Bar of Texas 28 TH ANNUAL
More informationEU Treaties & Legislation
Blackstone's EU Treaties & Legislation 2010-2011 21st edition edited by Nigel G. Foster Professor of European Law, Buckingham Law School, Jean Monnet Professor of European Law Buckingham University Visiting
More informationBRITISH VIRGIN ISLANDS INSOLVENCY ACT, 2003
BRITISH VIRGIN ISLANDS INSOLVENCY ACT, 2003 LAST UPDATED: APRIL 2017 BVI INSOLVENCY ACT COMPENDIUM PREFACE We have prepared this Insolvency Act, 2003 Compendium as a service to our clients. The principal
More informationHIGH COURT OF DELHI: NEW DELHI NOTIFICATION. No. 249/Rules/DHC Dated:
HIGH COURT OF DELHI: NEW DELHI NOTIFICATION No. 249/Rules/DHC Dated: 29.05.2012 Whereas the High Court of Delhi, by way of amendments, proposes to introduce / amend the existing Rules in various Orders
More information2. PLAN ADMINISTRATION
2. PLAN ADMINISTRATION 2.1 SECTION INTRODUCTION 2.1.1 This section gives an overview of District Plan administration. It discusses the sections of the Act that directly relate to the planning and resource
More informationTable of Contents. Foreword...v Acknowledgments...vii Table of Cases... xxxv. Introduction...1 PART I YEAR IN REVIEW. Year in Review...
Table of Contents Foreword...v Acknowledgments...vii Table of Cases... xxxv Introduction...1 PART I YEAR IN REVIEW Year in Review...5 Chapter 1: Rule Making Authority 1. Criminal Code, ss. 482, 482.1...9
More informationThe Agri-Food Act, 2004
1 AGRI-FOOD, 2004 c. A-15.21 The Agri-Food Act, 2004 being Chapter A-15.21 of The Statutes of Saskatchewan, 2004 (effective October 8, 2004) as amended by the Statutes of Sasktchewan, 2010, c.1; 2013,
More informationCase Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators Jay E. Grenig Rocco M. Scanza Cornell University, ILR School Scheinman Institute on Conflict Resolution JURIS Questions
More informationProtection Work Process
Protection Work Process PRACTICE NOTE 20-2018 This updates the previous Practice Note-20-2017 issued September 2017. Purpose The purpose of this practice note is to provide guidance to building practitioners
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to January 1, 2009. It is intended for information and reference purposes only. This
More informationTerms of Use for Forestry Commission Spatial Data
Terms of Use for Forestry Commission Spatial Data The Forestry Commission creates (or derives) and then publishes a range of information and data. These Terms of Use (ToU) set out how this information
More informationHigh Hedges (Scotland) Bill [AS PASSED]
High Hedges (Scotland) Bill [AS PASSED] CONTENTS Section 1 Meaning of high hedge Meaning of high hedge High hedge notices 2 Application for high hedge notice 3 Pre-application requirements 4 Fee for application
More informationHigh Hedges (Scotland) Bill [AS INTRODUCED]
High Hedges (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Meaning of high hedge Meaning of high hedge High hedge notices 2 Application for high hedge notice 3 Pre-application requirements 4 Fee for
More informationEuropean Union (Withdrawal) Bill
European Union (Withdrawal) Bill [AS AMENDED IN COMMITTEE] CONTENTS Repeal of the ECA 1 Repeal of the European Communities Act 1972 Retention of existing EU law 2 Saving for EU-derived domestic legislation
More informationARTHUR ROBINSON & HEDDERWICKS. Building Bill EXPLANATORY MEMORANDUM PART I-PRELIMINARY
ARTHUR ROBINSON & HEDDERWICKS LIBRARY Building Bill EXPLANATORY MEMORANDUM PART I-PRELIMINARY Clause 1 states that the purpose of the Bill is to provide for the regulation of building and building standards.
More informationTertiary Education Quality and Standards Agency Act 2011
Tertiary Education Quality and Standards Agency Act 2011 Act No. 73 of 2011 as amended This compilation was prepared on 3 October 2012 taking into account amendments up to Act No. 136 of 2012 The text
More informationConsolidated text PROJET DE LOI ENTITLED. The Civil Contingencies (Bailiwick of Guernsey) Law, 2012 * [CONSOLIDATED TEXT] NOTE
PROJET DE LOI ENTITLED The Civil Contingencies (Bailiwick of Guernsey) Law, 2012 * [CONSOLIDATED TEXT] NOTE This consolidated version of the enactment incorporates all amendments listed in the footnote
More informationBILL. Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.
A BILL TO Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU. B E IT ENACTED by the Queen s most Excellent Majesty, by
More informationCHAPTER 33:04 SECTIONAL TITLES
CHAPTER 33:04 SECTIONAL TITLES ARRANGEMENT OF SECTIONS PART I Preliminary SECTION 1. Short title 2. Interpretation 3. Registers PART II Concept of Sectional Ownership of Buildings 4. Sectional ownership
More informationEuropean Union (Withdrawal) Bill
European Union (Withdrawal) Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Exiting the European Union, are published separately as HL Bill 79 EN. EUROPEAN CONVENTION
More informationProtection work is only required when the relevant building surveyor (RBS) determines that it is necessary.
PROTECTION WORK PROCESS 1. SUMMARY Building work may sometimes adversely affect adjoining properties. Owners proposing to build have obligations under the Building Act 1993 (the Act) to protect adjoining
More informationAssociation Agreement between the European Union and its Member States and Ukraine
Association Agreement between the European Union and its Member States and Ukraine incorporating a Deep and Comprehensive Free Trade Area (DCFTA) Published in the Official Journal of the European Union
More informationGUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED EMPLOYEES' (CONDUCT) RULES.
GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED EMPLOYEES' (CONDUCT) RULES. 1. Short Title and commencement : ( i ) These Rules may be called the "Gujarat Mineral Development Corporation Limited Employees'
More information2014 No JUDICIAL APPOINTMENTS AND DISCIPLINE. The Judicial Discipline (Prescribed Procedures) Regulations 2014
This Statutory Instrument has been made in consequence of defects in S.I. 2013/1674 and is being issued free of charge to all known recipients of that Statutory Instrument. S T A T U T O R Y I N S T R
More informationPASTURES PROTECTION (AMENDMENT) ACT.
PASTURES PROTECTION (AMENDMENT) ACT. Act No. 41), 1918. An Act to make further provision for the protection of pastures ; to provide for the control of certain travelling stock and camping reserves ; to
More informationPARTY WALL AGREEMENT
PARTY WALL AGREEMENT PARTY WALL ETC. ACT 1996 ("PARTY WALL ACT") BETWEEN Carole Dighton AND Miss Annette Costello THE PARTIES Carole Dighton of 31 Redmayne Drive, Chelmsford, Essex, CM2 9XF ("the building
More informationInvestigatory Powers Bill
Investigatory Powers Bill [AS AMENDED ON REPORT] CONTENTS PART 1 GENERAL PRIVACY PROTECTIONS Overview and general privacy duties 1 Overview of Act 2 General duties in relation to privacy Prohibitions against
More informationAboriginal Heritage Act 2006
TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 1. Purpose 1 2. Commencement 1 3. Objectives 2 4. Definitions 3 5. What is an Aboriginal place? 11 6. Who is a native title party for an area? 12 7.
More informationSTANDARD OPERATING PROCEDURE INSPECTION
STANDARD OPERATING PROCEDURE INSPECTION UPSIDA Bye Laws Section 2.7.0. SCRUTINY OF THE BUILDING PERMIT AMENDED PROVISIONS AS ON 29-05-2017 Navigate to OnlineUPSIDC.com-> Resource Centre-> Byelaws of UPSIDA
More informationDividing Fences Act 1991
Dividing Fences Act 1991 - As at 15 August 2005 - Act 72 of 1991 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Name of Act 2. Commencement 3. Definitions 4. Determination as to sufficient dividing
More informationRULES FOR THE CONDUCT OF PROCEEDINGS IN THE LABOUR COURT. as promulgated by. Government Notice 1665 of 14 October 1996.
RULES FOR THE CONDUCT OF PROCEEDINGS IN THE LABOUR COURT as promulgated by Government Notice 1665 of 14 October 1996 as amended by Government Notice R961 in Government Gazette 18142 of 11 July 1997 [with
More informationBOOK PUBLISHING AGREEMENT
Radial Books, LLC Seattle, Washington radialbooks.com BOOK PUBLISHING AGREEMENT This contract is entered into on the X of X, 20XX between Radial Books, LLC (hereinafter known as Publisher ) located in
More informationArticle 1 Introduction and General Provisions
Article 1 Introduction and General Provisions Chapters: 1. Introduction 2. Title, Purpose, and General Administration 3. Code Interpretations 4. Enforcement Article 1 Introduction and General Provisions
More informationAMENDED AND RESTATED BY-LAW DAKOTA COMMUNITY CENTRE INC. (hereinafter called the "Centre"). ARTICLE I PURPOSE AND OBJECTIVES
AMENDED AND RESTATED BY-LAW DAKOTA COMMUNITY CENTRE INC. (hereinafter called the "Centre"). ARTICLE I PURPOSE AND OBJECTIVES 1.01 The purpose and undertaking of the Centre shall be as set forth in its
More informationSECOND EDITION OF THE TECHNOLOGY AND CONSTRUCTION COURT GUIDE
SECOND EDITION OF THE TECHNOLOGY AND CONSTRUCTION COURT GUIDE (tccguidefirstrevision) (issued 3 rd October 2005, revised with effect from1 st October 2007) INDEX Section 1 Section 2 Section 3 Section 4
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiffs, Defendants.
CASE 0:15-cv-01491-MJD-SER Document 5 Filed 04/07/15 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Disability Support Alliance, on behalf of its members; and Zach Hillesheim, Civil File
More informationTown and Country Planning (Scotland) Act 1997
Page 1 of 249 Town and Country Planning (Scotland) Act 1997 1997 CHAPTER 8 ARRANGEMENT OF SECTIONS PART I 1. Planning authorities. 2. Enterprise zones. 3. Urban development areas. ADMINISTRATION PART II
More informationCONTENTS INTRODUCTION TO LEGAL RESEARCH 1. List of Illustrations Preface Acknowledgments CHAPTER OVERVIEW 1
List of Illustrations Preface Acknowledgments xxiii xxv xxvii CHAPTER 1 INTRODUCTION TO LEGAL RESEARCH 1 CHAPTER OVERVIEW 1 A. INTRODUCTION TO LEGAL RESEARCH AND WRITING 2 1. The Role of the Paralegal
More informationPlanning and Compulsory Purchase Act 2004
Planning and Compulsory Purchase Act 2004 2004 Chapter 5 Crown Copyright 2004 http://www.opsi.gov.uk/acts/acts2004/20040005.htm (1 of 9) [10/08/2005 19:39:56] Acts of Parliament printed from this website
More informationARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL
ARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL TABLE OF CONTENTS I. THE RULES AS PART OF THE ARBITRATION AGREEMENT PAGES 1.1 Application... 1 1.2 Scope... 1 II. TRIBUNALS AND ADMINISTRATION 2.1 Name
More informationLORDS AMENDMENTS TO THE COUNTER-TERRORISM AND SECURITY BILL
LORDS AMENDMENTS TO THE COUNTER-TERRORISM AND SECURITY BILL [The page and line references are to HL Bill 75, the bill as first printed for the Lords.] 1 Page 1, line 8, at end insert Clause 1 ( ) In Schedule
More informationANSON S LAW OF CONTRACT. 29th Edition SIR JACK BEATSON
ANSON S LAW OF CONTRACT 29th Edition SIR JACK BEATSON DCL, LLD, FBA A Justice of the High Court, Queen's Bench Division sometime Rouse Ball Professor of English Law, University of Cambridge ANDREW BURROWS
More information