Creation, definitions and closure

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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 Creation, definitions and closure content

Practice notes
The main highways law issues concerning bridges and tunnels are as to the:•rights of the public to pass and re-pass across bridges or through tunnels,...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors 9th Apr
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 9th Apr
Practice notes
The 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 particular...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Apr
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 9th Apr
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 9th Apr
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 9th Apr
Practice notes
Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...
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8th Apr
Practice notes
Need for specific additional enquiry where highway access is crucialDirect access to the highway can be fundamental to the viability of a development....
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8th Apr
Practice notes
This Practice Note covers the powers and procedures for stopping up and diverting footpaths under sections 118 and 119 of the Highways Act 1980 (HiA...
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8th Apr
Practice notes
A ‘cycle track’ is a way which constitutes or comprises a highway, which the public have a right of way on pedal cycles (other than pedal cycles which...
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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
Practice notes
Some highway land is merely vested in the highway authority and other highway land belongs completely to the authority.Vested landThe key to an...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 7th Apr
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 Angela Sydenham (former consultant of Birkett's Solicitors) 25th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
Read More >
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors 25th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
Read More >
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 25th Mar
Precedents
TOWN AND COUNTRY PLANNING ACT 1990THE EXTINGUISHMENT OF VEHICULAR RIGHTS ON HIGHWAY [insert highway description and number] ORDER [insert number]...
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Produced in partnership with Angela Sydenham (former consultant of Birkett's Solicitors) 14th Feb
Precedents
Closure Application NoticeNotice of Proposal to Apply for an Order [stopping up OR diverting] a highway under the Highways Act 1980 section 116Take...
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14th Feb
Precedents
TOWN AND COUNTRY PLANNING ACT 1990THE EXTINGUISHMENT OF VEHICULAR RIGHTS ON HIGHWAY [insert highway description and number] ORDER [insert number]The...
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Produced in partnership with Angela Sydenham (former consultant of Birkett's Solicitors) 14th Feb

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