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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
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
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
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
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 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
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
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 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 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
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
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
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,...
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9th Nov
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
Precedents
[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...
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Produced in partnership with Peter Ware of Browne Jacobson 12th Jan
Practice notes
Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
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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
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...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Practice notes
Despite the common law maxim, 'once a highway, always a highway', a highway can be subject to overriding statute. Consequently, highways may be closed...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th Jan
Practice notes
Highways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance. All other highways are...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors 16th Jan
Practice notes
Nuisance parkingNuisance parking is criminalised by sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005). Both offences...
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Produced in partnership with Jonathan Melnick 16th Jan
Practice notes
This Practice Note describes the:•creation of new highways that are, when properly constructed, intended to become maintainable at the public...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th Jan
Practice notes
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...
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Produced in partnership with Michael Orlik of Lodders Solicitors 16th 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 16th Jan
Practice notes
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...
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Produced in partnership with Nicholas Hancox Solicitors 16th Jan
Practice notes
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...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th Jan
Practice notes
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...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th 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 Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th Jan
Practice notes
The creation of highways without express agreementCreating a highway without an express agreement has long been possible at common law and there are...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors 16th Jan
Practice notes
Certain local traffic authorities have power to introduce workplace parking levy licensing schemes allowing them to charge the occupier of premises...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
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...
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15th 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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15th Jan

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