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:
The quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
In Brett v Lewisham LBC Chadwick LJ said:
'It is pertinent to keep in mind that there was, at common law, no liability in damages for failure to repair or maintain. See the analysis of the position in the speech of Lord Justice Diplock in Griffiths v Liverpool Corporation. A statutory duty to maintain was imposed on the local highway authority by s 44(1) of the Highways Act 1959, now s 41(1) of the Highways Act 1980 (HiA 1980), but, until s 1(1) of the Highways (Miscellaneous Provisions) Act 1961 came into force in 1964, that statutory duty gave rise to no liability in a civil action by a private individual for damages sustained by him as a consequence of mere non-repair. The abrogation of the rule which excluded liability for damages suffered as a consequence of non-repair was tempered by the inclusion, in s 1(2) in the 1961 Act, of a statutory defence. It was a defence in an action for damage resulting from non-repair for the highway authority to prove that it had taken such care as in all the circumstances was reasonably required to secure that that part of the highway to which the action related was not dangerous.
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Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
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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