Creation, definitions and closure

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Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes
Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 19th May
Practice notes
Off-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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19th May
Practice notes
This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...
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Produced in partnership with 5RB 19th May
Practice notes
How to obtain a writ of control—High Court judgmentsThis Practice Note concerns provisions of the CPR and related legislation (The Tribunals, Courts...
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19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Q&As
What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...
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19th May
Q&As
What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on...
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Produced in partnership with Alex Campbell of Field Court Chambers 19th May
Practice notes
Call-off procedures under framework agreementsBrexit impact—public procurementThe UK public procurement regime derives from EU public procurement...
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Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors 19th May
Practice notes
Demoted tenanciesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals...
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19th May
Practice notes
Assignment and succession of tenancyCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
Practice notes
Sexual entertainment licensingWhat is a sex establishmentThe Local Government (Miscellaneous Provision) Act 1982 (as amended) (LG(MP)A 1982) creates...
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Produced in partnership with Chris Grunert of John Gaunt Solicitors 19th May
Practice notes
The standstill periodWhat is the standstill period?When a contracting authority reaches its decision on the award of a public contract subject to the...
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Produced in partnership with Lee Digings of Lee Digings Associates 19th May
Practice notes
Teacher serious misconduct in EnglandCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA...
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19th May
Practice notes
Child protection conferencesPlease note the information in this Practice Note relates to the current law in England. The law in Wales in this area is...
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Produced in partnership with Claire Cousin 19th May
Practice notes
Special Educational Needs and Disability Tribunal (SENDIST)Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the...
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Produced in partnership with Shazia Akhtar of Hardwicke Chambers 19th May

Most recent Creation, definitions and closure content

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) 15th Aug
Q&As
What statutory powers of entry onto land are available to a highway authority where a new highway is proposed but is at a theoretical stage, and what...
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Produced in partnership with Ben Standing of Browne Jacobson 15th Aug
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 15th Aug
Q&As
Does a local authority who wishes to carry out the highway works subject to a an agreement pursuant to section 278 of the Highways Act 1980 need to go...
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15th Aug
Q&As
Where a parcel of land is being acquired voluntarily by a local authority (LA) as a dedication for highway purposes, does the dedication deed need to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Q&As
Can a local authority charge an applicant an upfront fee in advance of processing a public path order?Where the owner, lessee or occupier of land, or...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 15th Aug
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 15th Aug
Precedents
TCPA 1990, s 252 order (London)TOWN AND COUNTRY PLANNING ACT 1990THE EXTINGUISHMENT OF VEHICULAR RIGHTS ON HIGHWAY [insert highway description and...
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Produced in partnership with Angela Sydenham (former consultant of Birkett's Solicitors) 15th Aug
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 15th Aug
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 15th Aug
Q&As
Can you grant a lease of a highway which has rights of vehicle access?A highway at common law is a way over which there exists a public right of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
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 15th Aug
Precedents
Stopping up or diversion under Town and Country Planning Act 1990: Notice of OrderThis precedent is for the notice where an order had been made to...
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Produced in partnership with Claire Goodman of Birchill Access Consultancy 15th Aug
Q&As
Can a Highway Authority put up a Notice on a public footpath that is not included in the Traffic Signs Regulations and General Directions 2002?Our...
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15th Aug
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 15th Aug
Q&As
Is there a legal duty on a highways authority to put a footbridge for pedestrians to pass across naturally flowing water which crosses a...
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15th Aug
Q&As
Are private rights extinguished when a road is dedicated and adopted as a highway?Co-existence of private rights of way and public highwayThe Highway...
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15th Aug
Q&As
Can a local authority use compulsory powers over public highway land or does it need to stop it up before using acquisition powers?The stopping up of...
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15th Aug

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