Local authority prosecutions

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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 Local authority prosecutions content

Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 26th Mar
Practice notes
Enforcement under the Food Safety ActAn authorised officer of an enforcement authority has a right, at a reasonable hour, to enter any premises within...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 25th Mar
Practice notes
Enforcement of Part I of the Health and Safety at Work etc Act 1974 (HSWA 1974) is often achieved through the service of statutory Improvement Notices...
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Produced in partnership with James Purnell, Abigail Cohen and Lia Moses of Henderson Chambers 25th Mar
Practice notes
Who enforces the food safety and hygiene regulations?Under the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996, the...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 25th Mar
Practice notes
The offence of contravening or failing to comply with the food hygiene requirements—Regulation 19(1)By Regulation 19(1) of the Food Safety and Hygiene...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 25th Mar
Practice notes
In England and Wales it is an offence for an adult to buy or attempt to buy tobacco or tobacco related products on behalf of an individual under 18...
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23rd Mar
Practice notes
Offence of the sale of aerosol paint to persons aged under 16A person commits an offence if he sells an aerosol paint container to a person under the...
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23rd Mar
Practice notes
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as...
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22nd Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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19th Mar
Practice notes
All criminal cases begin in the magistrates' court however serious the offence. There are a number of ways of commencing criminal proceedings in...
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16th Mar
Practice notes
The Health and Safety ExecutiveThe Health and Safety Executive (HSE) is a non-Departmental Body of the Department of Work and Pensions and is the main...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 16th Mar
Practice notes
Any local authority is a creature of statute. Where a local authority acts beyond its powers, it will be acting ultra vires.The Local Government Act...
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11th Mar
Q&As
Invitations to attend an interview under caution on a voluntary basis are routine in regulatory crime investigations. Volunteers are defined in the...
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5th Mar
Q&As
Pursuant to section 1(6) of the Prevention of Social Housing Fraud Act 2013 (PSHFA 2013), a person convicted of an offence pursuant to PSHFA 2013, s...
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13th Feb
Q&As
This question is answered in relation to the law applying in England, given the separate regimes for Wales, Scotland and Northern Ireland. The answer...
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Produced in partnership with Philip Rule 8th Jan
Q&As
A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols....
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Produced in partnership with Philip Rule 8th Jan
Q&As
We have assumed that this question relates to an offence of failure to comply with a hygiene improvement notice issued under the Food Safety and...
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6th Dec
Q&As
We assume you are referring to investigations for breaches of the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996. In...
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6th Dec

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