The following Local Government practice note Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 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.
In relation to highways, the law of nuisance overlaps considerably with the statutory law (mostly in the Highways Act 1980 (HiA 1980)), but the common law is expressly preserved by HiA 1980, s 333. Pratt and Mackenzie’s Law of Highways (21st edition, 1967) defined a highway nuisance as ‘any wrongful act or omission upon or near a highway, whereby the public are prevented from freely, safely and conveniently passing along the highway’. A nuisance is either:
an actual interference with the public right of way or highway, or
such use of the adjoining land that persons who, deviating from the road while using the highway with ordinary care, may suffer injury from some dangerous structure or excavation on that land
The right of passage extends to the full width of a highway and it is no defence to say that the obstruction is in a part of the highway not normally in use, nor that sufficient space was left for ordinary traffic (R v United Kingdom
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
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.Note: this Practice Note does not deal with the
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