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The need for accurate plans and interpretation of planning conditions (Choiceplace Properties v Secretary of State for Housing, Communities and Local Government)

Street trading—consent regime—services—EU Services Directive 2006—authorisation scheme (R (Poole) v Birmingham City Council)

The following Local Government news provides comprehensive and up to date legal information on Street trading—consent regime—services—EU Services Directive 2006—authorisation scheme (R (Poole) v Birmingham City Council)

Local Government weekly highlights—13 May 2021

The following Local Government news provides comprehensive and up to date legal information on Local Government weekly highlights—13 May 2021

The Domestic Abuse Act 2021 at a glance

The following Family news provides comprehensive and up to date legal information on The Domestic Abuse Act 2021 at a glance

Featured Local Government content

IP rights and semiconductors

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

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...

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...

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,...

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

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

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

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

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

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

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

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

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

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

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

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

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...

9th Nov

Practice notes

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...

9th Nov

In-house

Practice notes

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...

9th Nov

In-house

Practice notes

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,...

9th Nov

Most recent Highways content

Practice notes

Road traffic—order procedure and notices

Road traffic—order procedure and noticesCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...

16th May

Practice notes

Road closures and diversions

Road closures and diversionsDespite the common law maxim, 'once a highway, always a highway', a highway can be subject to overriding statute....

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 parties

Markets, street trading and street partiesPublic highways are used for many purposes beyond simply travelling from one place to another. This Practice...

16th May

Practice notes

Enforcement of traffic and parking orders

Enforcement of traffic and parking ordersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...

16th May

Practice notes

Nuisance on highways

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

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 249

Extinguishing vehicular rights on highways under TCPA 1990, s 249Coronavirus (COVID-19): This Practice Note contains guidance on matters that have...

Produced in partnership with Angela Sydenham (former consultant of Birkett's Solicitors) 16th May

Practice notes

Review of rights of way improvement plans

Review of rights of way improvement plans Rights of way strategy formulationIn 1987 the Countryside Commission published its national target for...

Produced in partnership with Robin Carr of Robin Carr Associates 16th May

Practice notes

Highways out of repair—the statutory remedy

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...

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

Practice notes

Ownership of highway land

Ownership of highway landSome highway land is merely vested in the highway authority and other highway land belongs completely to the authority.Vested...

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 orders

Definitive map and modification ordersStatutory basis and effectEvery highway authority must keep a definitive map and statement (DMS) of the public...

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

Practice notes

Creation of highways

Creation of highwaysThe creation of highways without express agreementCreating a highway without an express agreement has long been possible at common...

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

Practice notes

On-street parking orders

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...

16th May

Practice notes

Standards of highway maintenance

Standards of highway maintenanceThe quality of highway maintenance required of those responsible for it depends almost entirely on the expected...

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

Practice notes

Bridges and tunnels

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...

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

Practice notes

Definition and classification of highways

Definition and classification of highwaysCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...

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 closure

Natural and other causes of diversion and closureAlthough the common law recognises the force of the maxim 'once a highway, always a highway', there...

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

Practice notes

Ferries

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...

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 responsibility

Statutory adoption of highways: Maintenance responsibilityThis Practice Note describes the:•creation of new highways that are, when properly...

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 surface

Required signs and marking the road surfaceCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered...

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

Practice notes