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CHAPTER ONE – MORTGAGES & THE RIGHT TO POSSESSION: AN OVERVIEW In broad terms, the essence of a mortgage transaction is that a charge is taken over property as security for performance of an obligation. In practical terms, that will commonly take the form of a legal charge1 over property [...] -
CHAPTER FIVE – POLICIES AND CLAUSES The Policy Business Interruption Insurance (“BII”) policies are contractual in nature, and the usual rules of contractual interpretation apply to them but there is nevertheless a substantial body of case-law specific to the subject. The main contractual documents comprise the policy schedule and the policy [...] -
INTRODUCTION Conveyancing is a process driven area of legal work. The use of property technology and digitisation has transformed the conveyancing landscape beyond recognition. We are consistently bombarded with ‘prop tech’ that, we are told, will be a ‘game changer’ for conveyancers. It is undoubtedly the case that harnessing technology [...] -
CHAPTER ONE – INTRODUCTION 1.1 About this Book This book is about compliance with the rules, guidance and directions of the UK’s Financial Conduct Authority (“FCA“). It aims to highlight the financial regulatory topics likely to be of greatest relevance to the bulk of UK financial businesses and to present [...] -
CHAPTER ONE – WHO IS ‘VULNERABLE’? Vulnerable is an adjective not a noun – so not ‘the vulnerable’ but situations in which a person may be ‘vulnerable’ No universal legal definition in England and Wales Criminal, family and civil law approach it differently Only legislation for criminal courts, though there [...] -
CHAPTER ONE – INTRODUCTION To begin with one should keep in mind that this book only deals with leasehold property. If you own the freehold, it means that you own the building and the land it stands on outright, in perpetuity. It is your name in the land registry as “freeholder”, [...] -
CHAPTER TWO – PRIVACY AND DATA PROTECTION There is an overlapping relationship between data protection and privacy law, although the interrelationship between the two can often be complex. As an area of law which is still developing it is not always clear how the relationship will change over time. Added to [...] -
CHAPTER ONE – INTRODUCTION The Welfare Reforms and Pensions Act 1999 introduced Pension Sharing Orders for proceedings issued after1 December 2000. For the first time, this enabled the court to take a percentage of a spouse’s pension (the member spouse) and transfer it out of their name and into the name [...] -
CHAPTER ONE – AN INTRODUCTION TO THE NEW ELECTRONIC COMMUNICATIONS CODE This introductory chapter deals with the following topics: The development of the new Electronic Communications Code (“the Code”)1 to replace the old Electronic Communications Code (“the Old Code”);2 The purpose of the Code; and An overview of how the [...] -
CHAPTER FIVE – THE FUNDAMENTALS OF CONFISCATION This chapter provides a brief outline of the fundamentals of confiscation. The eight questions to be addressed In essence the court, before finalising a confiscation order against a defendant, has to address and resolve eight questions: Does the court have power to make a [...]