Before making a decision to refuse an application for the grant, revocation or variation of a licence1, or making a decision to grant an application for a licence subject to such conditions as the Human Tissue Authority2 thinks fit3, the Authority must give the applicant notice of the proposed decision and of the reasons for it4. Before making a decision to revoke or vary a licence without an application by the holder of the licence or the designated individual5, the Authority must give notice of the proposed decision and, of the reasons for it, to the holder 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
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
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