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Human Rights Act 1998 challenge to a local authority’s charging policy succeeds (R (on the application of SH) v Norfolk County Council)

The following Local Government news provides comprehensive and up to date legal information on Human Rights Act 1998 challenge to a local authority’s charging policy succeeds (R (on the application of SH) v Norfolk County Council)

Rapid response guidance notes on vaccination, testing for coronavirus (COVID-19) and mental capacity

The following Local Government news provides comprehensive and up to date legal information on Rapid response guidance notes on vaccination, testing for coronavirus (COVID-19) and mental capacity

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

Relevant relationship agreement law—a guide for the perplexed

The following Corporate Crime news provides comprehensive and up to date legal information on Relevant relationship agreement law—a guide for the perplexed

Featured Local Government content

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Forming enforceable contracts—consideration

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...

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan

Practice notes

Active bribery, passive bribery and bribing foreign public officials

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...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Single justice procedure

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...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan

Practice notes

Void contracts

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...

9th Nov

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

Practice notes

Judicial review time limits—extensions and urgent cases

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Termination for breach of contract

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...

9th Nov

In-house

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Practice notes

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

9th Nov

Practice notes

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan

Precedents

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...

Produced in partnership with Peter Ware of Browne Jacobson 12th Jan

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan

Most recent Highways content

Q&As

A stopping up order ends public rights of way but does not affect private rights of way. If works are done to a road (ie a public highway subject to private rights) so that the route changes (partly stopping up/partly works), could it be argued that private rights have not been substantially interfered with, as this is permitted under highways law?

The private rights are independent of the public rights viz-a-viz the highway. Therefore, the private rights persist. The details of the stopping up...

22nd Jan

Q&As

Can a person who uses an unadopted section of road to access its property (but who is not a frontager) maintain and improve the road? The road is recorded on the definitive map as a highway. The owner is unknown, the land is unregistered.

A highway is a way which any member of the public has the right to use at all seasons of the year. The definitive map is a legal record of the...

22nd Jan

Q&As

Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a separate title number? Is there anything that can be done to rectify the discrepancy?

Highways can be created at common law or by statute. It is not possible to say whether this is a presumed dedication situation, and the buyer would...

Produced in partnership with Kate Andrews of Hamlins 22nd Jan

Practice notes

Road closures and diversions

Despite the common law maxim, 'once a highway, always a highway', a highway can be subject to overriding statute. Consequently, highways may be closed...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th Jan

Practice notes

Maintenance liability for highways

Highways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance. All other highways are...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors 16th Jan

Practice notes

Nuisance parking criminal offences

Nuisance parkingNuisance parking is criminalised by sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005). Both offences...

Produced in partnership with Jonathan Melnick 16th Jan

Practice notes

Statutory adoption of highways: Maintenance responsibility

This Practice Note describes the:•creation of new highways that are, when properly constructed, intended to become maintainable at the public...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th Jan

Practice notes

Highways out of repair—the statutory remedy

Duty of the highway authorityA highway is a way which any member of the public has the right to use at all seasons of the year.Section 41 of the...

Produced in partnership with Michael Orlik of Lodders Solicitors 16th Jan

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th Jan

Practice notes

Obstruction of highways

The fundamental public right upon a highway is to pass and re-pass, and the obstruction of a highway is usually a criminal offence as well as a...

Produced in partnership with Nicholas Hancox Solicitors 16th Jan

Practice notes

Natural and other causes of diversion and closure

Although the common law recognises the force of the maxim 'once a highway, always a highway', there are, of course, some exceptions. In R v Secretary...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th Jan

Practice notes

Countryside—the right to roam

The right to roam on open land has many similarities to the right to travel from A to B (which characterises a public highway), but the right to roam...

Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th Jan

Practice notes

Nuisance on highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th Jan

Practice notes

Creation of highways

The creation of highways without express agreementCreating a highway without an express agreement has long been possible at common law and there are...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors 16th Jan

Practice notes

Workplace parking levy

Certain local traffic authorities have power to introduce workplace parking levy licensing schemes allowing them to charge the occupier of premises...

15th Jan

Practice notes

Stopping up of footpaths under section 257 of the Town and Country Planning Act 1990

What is s 257?Section 257 of the Town and Country Planning Act 1990 (TCPA 1990) applies to footpaths, bridleways and restricted byways affected by...

15th Jan

Practice notes

Stopping up and diverting highways under section 247 of the Town and Country Planning Act 1990

What is section 247 and when may it be used?Section 247 of the Town and Country Planning Act 1990 (TCPA 1990) grants a discretionary power to the...

15th Jan

Practice notes

Public rights of way

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...

15th Jan

Practice notes

Powers to stop up and divert highways and footpaths

PurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road...

15th Jan

Practice notes