Refine By
Clear all filter
About 91151 results for "*"
PRACTICE NOTES
Context The compulsory purchase system is based on the principle that an owner of land or rights compulsorily acquired or interfered with is entitled to the payment of compensation. Thus, assessment of the compensation is a key element in the compulsory purchase process, see: Promoting a compulsory purchase order, including preparing the order and order documents and making the order. This Practice Note outlines the key principles that apply to the assessment of compensation arising out of the compulsory acquisition of an interest in land. There has to be specific statutory power for the compulsory acquisition of land, whether of the ownership of the land or of rights in or over land. The Royal Prerogative is only available to the Crown and even the Crown prefers to expropriate or requisition land using statutory powers. Most acquisitions are under Public General Acts such as the Highways Act 1980 (HiA 1980). The making and the confirmation of the compulsory purchase order (CPO) is usually governed by the Acquisition of Land Act 1981 (ALA 1981). See Practice Note: Sources
PRACTICE NOTES
Right to enter land for survey purposes under CPA 1965 once compulsory purchase order is confirmed The Compulsory Purchase Act 1965 (CPA 1965) empowers acquiring authorities to enter land for survey purposes. However, this right only applies after confirmation of a compulsory purchase order (CPO). Under CPA 1965, s 11(3), an acquiring authority may enter land (or part of land) subject to compulsory purchase for the purposes of: • surveying, valuing and taking levels of any land • probing or boring to ascertain the nature of the soil, and • setting out the line of work provided the acquiring authority has given at least three and no more than 14 days’ notice to the owners or occupiers of that land. The acquiring authority must compensate the owners or occupiers of the land for any damage caused by entry to it, and any question of disputed compensation can be referred to the Upper Tribunal (Lands Chamber). Right to enter, survey and value land under HPA 2016 before CPO is confirmed Overview As set
PRACTICE NOTES
Context When an acquiring authority proposes, as part of a compulsory purchase order (CPO) to which the Acquisition of Land Act 1981 (ALA 1981) applies, to acquire any land or interests or create new rights over land which is afforded special protection, additional procedures and/or protections apply. The special categories of land which are afforded protection, and the procedures which must be followed in respect of each category of land, are set out in ALA 1981, Pt III (in respect of the acquisition of land or interests), and ALA 1981, Sch 3, Pt I (in respect of the acquisition of rights over land by the creation of new rights) and discussed below. In England, the Compulsory purchase process: guidance, and in Wales, the Compulsory Purchase in Wales and ‘The Crichel Down Rules (Wales Version 2020)’ (Circular 003/2019) (together, the CPO Guidance), provide advice on how those provisions are to be applied in practice. It is vital that land afforded special protection is identified early on in the CPO process, and that negotiations with the owners of such
Q&As
Compulsory purchase In the circumstance of compulsory purchase, a local authority has the power to obtain information relating to the interest in the land. Under s 16 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976), a local authority can serve a notice to all of the known occupiers
GLOSSARY
Compulsory school age is the statutory age for children to begin education, usually from approximately ages 5 to 16.
NEWS
Dispute Resolution analysis: The Court of Appeal is to consider whether litigants in low-value claims should exhaust appropriate internal complaint procedures (ICPs) before launching pre-litigation procedures (such as the relevant Pre-Action Protocol (PAP) or an approach under the Practice Direction for Pre-Action Conduct (PDPACP)). This decision could have far-reaching implications for the public, litigants, and their legal representatives. Written by Iain Wightwick, barrister at Unity Street Chambers, Bristol, junior counsel for Merthyr (with Maya Chilaeva, led by Michel Kallipetis, KC, (both of Quadrant Chambers, London)).
GLOSSARY
See Deemed transfer.
GLOSSARY
The court supervised process by which a company's assets are realised for the benefit of its creditors.
PRACTICE NOTES
This Practice Note provides guidance as to the practice and procedure which applies on the winding up of a company (the debtor) pursuant to a creditors’ winding-up petition. The most common circumstances in which a winding-up petition will be issued are: • where a creditor has served a statutory demand on the debtor and the 21-day period has expired without the company paying, securing or compounding the sum so due (see Practice Note: Company statutory demand). Note, however, that it is not necessary to issue a statutory demand before presenting a winding-up petition, but it is merely one method of demonstrating that a company is unable to pay its debts • where a creditor has a judgment in its favour and has issued execution against the debtor, which is returned unsatisfied, either for the full amount or part of the judgment debt • where it is proved to the satisfaction of the court that the debtor is unable to pay its debts as and when they fall due (see Practice
GLOSSARY
Typically used to refer to the processing resources (speed, capacity) of a computer device.
NEWS
IP Law analysis: Keith Kelly, associate, and Zach Dai, intern, of Sheppard, Mullin, Richter & Hampton LLP consider the decision where a Chinese court ruled that artificial intelligence (AI) generated content can enjoy protection under copyright law. Kelly and Dai look at the background of the case, make a comparison with US copyright approach, and the impact and implications.
GLOSSARY
Computer and internet fraud is a broad, non-technical expression describing fraudulent conduct carried out using computers, networks, email, websites or online platforms. It typically involves dishonest misrepresentation, unauthorised access or manipulation of data to obtain money, property or a wrongful advantage, or to cause loss to others.The term itself is not usually defined in UK or Irish legislation, but encompasses a range of offences. In England and Wales and Northern Ireland, relevant offences include fraud by false representation, fraud by abuse of position and fraud by failing to disclose information under the Fraud Act 2006, and unauthorised access or acts with intent to commit further offences under the Computer Misuse Act 1990. Scotland has equivalent common law fraud and statutory computer misuse offences. In Ireland, comparable conduct is prosecuted under the Criminal Justice (Theft and Fraud Offences) Act 2001 and the Criminal Damage Act 1991, together with more recent cybercrime legislation.For legal practitioners, the term is used in advising on criminal liability, regulatory investigations, corporate governance, cybersecurity incidents, consumer and financial services fraud, digital evidence and cross-border enforcement. Usage is broadly consistent across the UK and Ireland.