The following provisions are applicable to an area designated as of outstanding natural beauty1 in the same way as they apply to a national park2:
(1) it is the duty of Natural England (in relation to England) and the Natural Resources Body for Wales (in relation to Wales)3 to give advice to any minister or to the appropriate planning authority4 in connection with the preparation or amendment of a development plan5;
(2) in the preparation of a development plan, or proposals for alterations or additions to a development plan, the authority or authorities required to prepare, alter or add
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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