Obstruction, nuisance and maintenance

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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 Obstruction, nuisance and maintenance content

Q&As
Section 155 of the Highways Act 1980 (HiA 1980) provides that a keeper of livestock that stray onto or lie on the highway commits an offence. The...
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5th May
Practice notes
The duty of every highway authority to maintain a highway maintainable at the public expense is more onerous during adverse weather conditions. Ice,...
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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
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 9th Apr
Practice notes
Abandoned vehicles offencesSection 2 of the Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978) makes it a criminal offence to abandon, without lawful...
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Produced in partnership with Jonathan Melnick 9th Apr
Practice notes
The quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 9th Apr
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 9th Apr
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 9th Apr
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 9th Apr
Practice notes
Placing scaffolding, hoardings or skips on the highway (including pavements) is an obstruction and, strictly, constitutes a nuisance. Section 137 of...
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8th Apr
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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8th 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 Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 25th Mar
Q&As
Any holder of a licence under the Electricity Act 1989 (EA 1989) is deemed to be a statutory undertaker and his undertaking a statutory undertaking...
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17th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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10th Mar
Precedents
In the County of [insert county]Petty Sessional Division of [insert]The Complaint of [insert name] of [insert address] who states that:1The way or...
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Produced in partnership with Michael Orlik of Lodders Solicitors 14th Feb
Q&As
Putting a gate across a highway without the consent of the highway would very likely constitute a public nuisance which would attract both criminal...
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13th Feb
Q&As
Section 36(4)–(5) of the Highways Act 1980 (HiA 1980) set out the requirements that must be satisfied for a highway to be capable of being a highway...
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Produced in partnership with Timothy Earl of Suffolk County Council 13th Feb
Q&As
A street lighting authority may affix to any building such attachments as may be required for the purposes of street lighting. However, it may not...
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13th Feb

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