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High Court clarifies the scope and procedure for the Secretary of State’s review of National Policy Statements (Re Transport Action Network Ltd v Secretary of State for Transport)
What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...
Housing disrepair for local authority landlords—a practical guideThis Practice Note discusses disrepair claims in relation to social housing, setting...
What are the grounds for judicial review?We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive...
Obstruction of highwaysThe fundamental public right upon a highway is to pass and re-pass, and the obstruction of a highway is usually a criminal...
Maladministration—complaintsSection 23 of the Local Government Act 1974 (LGA 1974), creates the role of the Local Government and Social Care Ombudsman (LGO) to investigate complaints of maladministration and/or service failure in relation to the following authorities:•any local authority including
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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