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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 Highways content

Practice notes
Road traffic—order procedure and noticesCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...
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16th May
Practice notes
Road closures and diversionsDespite the common law maxim, 'once a highway, always a highway', a highway can be subject to overriding statute....
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th May
Practice notes
Markets, street trading and street partiesPublic highways are used for many purposes beyond simply travelling from one place to another. This Practice...
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16th May
Practice notes
Enforcement of traffic and parking ordersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...
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16th May
Practice notes
Nuisance on highwaysCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th May
Practice notes
Extinguishing vehicular rights on highways under TCPA 1990, s 249Coronavirus (COVID-19): This Practice Note contains guidance on matters that have...
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Produced in partnership with Angela Sydenham (former consultant of Birkett's Solicitors) 16th May
Practice notes
Review of rights of way improvement plans Rights of way strategy formulationIn 1987 the Countryside Commission published its national target for...
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Produced in partnership with Robin Carr of Robin Carr Associates 16th May
Practice notes
Highways out of repair—the statutory remedyDuty of the highway authorityA highway is a way which any member of the public has the right to use at all...
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Produced in partnership with Michael Orlik of Lodders Solicitors 16th May
Practice notes
Ownership of highway landSome highway land is merely vested in the highway authority and other highway land belongs completely to the authority.Vested...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th May
Practice notes
Definitive map and modification ordersStatutory basis and effectEvery highway authority must keep a definitive map and statement (DMS) of the public...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th May
Practice notes
Creation of highwaysThe creation of highways without express agreementCreating a highway without an express agreement has long been possible at common...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors 16th May
Practice notes
On-street parking ordersSTOP PRESS: the Parking Places (Variation of Charges) Act 2017 came into force on 27 June 2017 and has introduced a change to...
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16th May
Practice notes
Standards of highway maintenanceThe quality of highway maintenance required of those responsible for it depends almost entirely on the expected...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th May
Practice notes
Bridges and tunnelsThe main highways law issues concerning bridges and tunnels are as to the:•rights of the public to pass and re-pass across bridges...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors 16th May
Practice notes
Definition and classification of highwaysCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th May
Practice notes
Natural and other causes of diversion and closureAlthough the common law recognises the force of the maxim 'once a highway, always a highway', there...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th May
Practice notes
FerriesThe common law recognises two sorts of highway ferry and distinguishes them by where they run. One sort runs from town to town or to a...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th May
Practice notes
Statutory adoption of highways: Maintenance responsibilityThis Practice Note describes the:•creation of new highways that are, when properly...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 16th May
Practice notes
Required signs and marking the road surfaceCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th May
Practice notes
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...
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Produced in partnership with Nicholas Hancox Solicitors 16th May

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