Human rights and maladministration

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Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...
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9th Nov
Practice notes
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...
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9th Nov
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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9th Nov

Most recent Human rights and maladministration content

Practice notes
Maladministration—investigations and reportsInvestigationsThe Local Government and Social Care Ombudsman has the same powers as the High Court with...
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16th May
Practice notes
Coronavirus (COVID-19)—governance trackerThis tracker is intended to be used to track the most recent key developments, legislation, guidance,...
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16th May
Practice notes
Maladministration—complaintsThe Local Government and Social Care Ombudsman investigates complaints of maladministration and/or service...
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16th May
Practice notes
Local Government and Social Care OmbudsmanThe Local Government Act 1974 (LGA 1974) established a Commissioner for local administration more commonly...
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16th May
Practice notes
Convention rightsThe Human Rights Act 1998 (HRA 1998) came into force in October 2000 and aims to give effect to the rights contained in the European...
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Produced in partnership with Dr. Alex Williams of Cornerstone Barristers 10th May
Practice notes
The Human Rights Act 1998 (HRA 1998) imposes a duty on all public authorities in the UK to act in a manner that is compatible with rights under the...
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Produced in partnership with Eric Metcalfe of Monckton Chambers 9th Apr
Practice notes
The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European...
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Produced in partnership with Alexander Campbell of Field Court Chambers 9th Apr
Q&As
As a general rule, meetings of local authorities (and their committees and sub-committees) should be open to the public and members of the public...
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Produced in partnership with Matt Lewin of Cornerstone Barristers 13th Feb
Q&As
Enforcement of TPOs and offencesAuthorities have a range of enforcement powers to deal with breaches of planning control in relation to Tree...
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22nd Jan
Q&As
Unlike the more modern regime provided for by the Licensing Act 2003 (LA 2003) and the accompanying regulations in relation to alcohol, entertainment...
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Produced in partnership with David Wilson of a2z licensing 8th Jan
Q&As
By section 8 of the Human Rights Act 1998 (HRA 1998), a court has the power to award a remedy including, in certain cases, damages, where a public...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European...
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Produced in partnership with Christopher McFarland of Sinclairs Law 8th Jan
Q&As
A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols....
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Produced in partnership with Philip Rule 8th Jan
Q&As
We refer you to our Practice Note: Meetings—executive decision-making process, which outlines the three main types of local government model for...
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7th Dec
Q&As
MaladministrationMaladministration generally involves a complaint to the relevant ombudsman that a public body has acted inappropriately in the...
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7th Dec
Q&As
‘Maladministration’ is not defined by statute but is usually thought to include something that happened in connection with action taken by or on...
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28th Sep

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