The following Planning practice note Produced in partnership with Nicola Canty of 9 Hazel Tree Chambers provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.
This Practice Note addresses Harbour Orders made on the application of the harbour authority in England and non-fishery harbours in Wales; it does not consider the power of the MMO to make harbour orders of its own motion.
Harbour Revision, Harbour Closure and Harbour Empowerment Orders are explained but Harbour Reorganisation Schemes do not form part of this note as they are very rarely applied for.
In the vast majority of harbours in the UK the responsibility for improving, maintaining or managing the harbour has been given to Statutory Harbour Authorities (SHA) whose powers and duties are found in local legislation. Each individual SHA is governed by its own unique statute(s).
The powers to amend or add to the local legislation (Harbour Revision Orders), to lawfully close the harbour (Harbour Closure Orders) or to establish a new harbour and SHA (Harbour Empowerment Orders) are found in sections 14–17A of
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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