The following Local Government practice note Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020, SI 2020/536, LNB News 22/05/2020 77 and Statutory guidance: Traffic Management Act 2004: network management in response to COVID-19.
At common law it is a nuisance to interfere with the surface of a highway. When the nineteenth-century utility companies began work and used the highways as routes for their underground pipes and cables, many of them found that, without statutory authority and despite them being the most obvious routes, they were prevented by the courts from using the highways for their apparatus. The Sheffield Gas and Cambridge Gas cases illustrate the point.
Even when authorised by statute to interfere with or use the highway for utility works and apparatus, the statutory undertakers and those with street works licences owe a duty of care to (other) highway users. There are often quite specific requirements in a street works licence about fencing off the excavation and about the managing of pedestrian and vehicular traffic past the works, but the common law requirements also apply. See, for example:
Holliday v National Telephone
Scott v Mayor, Aldermen and Citizens of the City of Manchester
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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