Unless a penalty charge is paid1 or the penalty charge notice has been withdrawn or quashed2, the amount of the charge is recoverable from the recipient of the notice as a debt owed to the enforcement authority3. Proceedings for the recovery of the charge may not be commenced before the end of the period within which the recipient of the notice may request a review4, and if within that period the recipient of the notice gives notice5 to the authority that he wishes the authority to review the notice, proceedings may not be commenced before the end of the
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
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