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Practice notes
Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...
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9th Nov
Practice notes
What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Nov
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...
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Produced in partnership with ELM Law 12th Jan
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...
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Produced in partnership with ELM Law 12th Jan
Practice notes
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...
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Produced in partnership with RPC 12th Jan
Practice notes
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....
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9th Nov

Most recent Water, flooding and drainage content

Q&As
The starting point for loss and injury caused by flooding is that there is no common law legal right to be protected from flooding and its effects. At...
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Produced in partnership with Denis Edwards of Normanton Chambers 15th Feb
Q&As
Case studyThis Q&A is considered in the context of the following case study:•there is no record of an easement having been granted upon which the...
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Produced in partnership with Stephen Murch of 42 Bedford Row 15th Feb
Q&As
Section 25 of the Land Drainage Act 1991 (LDA 1991) provides the drainage board concerned with powers to require works for maintaining flow of...
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15th Feb
Q&As
The local authority is under no legal obligation to maintain flood defence structures on private land.Responsibility for flood defences in England is...
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Produced in partnership with Denis Edwards of Normanton Chambers 15th Feb
Q&As
The adoption of sewers is the process by which sewers are vested in the sewerage undertaker or appointed sewerage company and subsequently maintained...
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15th Feb
Q&As
Sections 168–173 of the Water Industry Act 1991 (WIA 1991) enable a ‘water undertaker’ (which means one of the approved water companies) to designate...
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Produced in partnership with Denis Edwards of Normanton Chambers 15th Feb
Q&As
OverviewAs the ‘operator’ of a septic tank, you should ensure you meet the general binding rules. You are the ‘operator’ if: (i) you own the property...
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15th Feb
Precedents
This Agreement is made on the [insert date]:Parties1[insert sewerage undertaker's name] (sewerage undertaker) whose registered office is at [address]...
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14th Feb
Q&As
Section 115 of the Water Industry Act 1991 (WIA 1991) allows a highway authority to enter into an agreement with a sewerage undertaker for the...
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Produced in partnership with Denis Edwards of Normanton Chambers 13th Feb
Q&As
Nuisance claims can be broadly categorised into private nuisance (interference with the use/enjoyment of land causing injury), public nuisance (an...
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22nd Jan
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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15th Jan
Q&As
Companies in the privatised water industry in England and Wales operate under the provisions of the Water Industry Act 1991 (WIA 1991) and the Water...
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Produced in partnership with Christopher Snell of New Square Chambers 8th Jan
Q&As
In essence, private properties normally drain sewage and other waste water through a private sewer which connects to the public sewer. The relevant...
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Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan
Q&As
Force majeureForce majeure in its literal translation means 'superior forces'. A force majeure clause in a contract may operate in certain...
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6th Dec
Q&As
According to Environment Agency guidance on riparian ownership (EA guidance) p 31, a culvert is a covered channel or pipe designed to prevent the...
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29th Nov
Q&As
Chapter II of Water Resources Act 1991 (WRA 1991) sets out the:•powers of entry for enforcement purposes•power of entry for certain works...
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28th Nov

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