Hazardous substances consent (HSC) HSCs are regulated by the Planning (Hazardous Substances) Act 1990 (P(HS)A 1990), the Planning (Hazardous Substances) Regulations 2015 (PHSR 2015), SI 2015/627 (in England) and the Planning (Hazardous Substances) (Wales) Regulations 2015 (PHSWR 2015), SI 2015/1597 (in Wales). HSC is needed if specified hazardous substances (or mixtures or preparations of substances) are to be stored or used at a hazardous installation above specified controlled quantities. The substances for which and thresholds above which HSC is required are set out in the PHSR 2015, SI 2015/627, Sch 1 or PHSWR 2015, SI 2015/1597, Sch 1. Whether the storage of large quantities of vehicles require hazardous substance consent depends on: • whether the fuel tanks contain hazardous substances • if the fuel tanks do contain hazardous substances, the amount of hazardous substance • whether an exemption applies PHSR 2015, SI 2015/627, Sch 1 Pt 2,

The Landlord and Tenant Act 1987 (LTA 1987) among other things gives rise to the right for qualifying tenants to have the right of first refusal on any relevant disposal by the landlord. LTA 1987, s 4 sets out the scope of relevant disposals and makes clear that a relevant disposal is a disposal by the landlord of any estate or interest (whether legal or equitable) in any premises, including the disposal of any estate or interest in any common parts, but excluding (insofar as it is relevant) the grant of any tenancy under which the demised premises consist of a single flat. See Practice Note:

Section 100(2) of the Highways Act 1980 states: ‘Where under subsection (1) above a drain is constructed or laid, or barriers are erected, for the purpose of draining surface water from a highway or, as the case may be, diverting it into an existing drain, the water may be discharged into or through that drain and into any inland waters, whether natural or artificial, or any tidal waters.’ Halsbury’s Laws of England does not provide any further

The Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, apply only to the relationship between the principal and the commercial agent. A commercial agent is defined by the Commercial Agents Regulations, SI 1993/3053, reg 2(1), as ‘a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the ‘principal’), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal’. The

We assume that this Q&A is referring to an agreement for lease pursuant to which a lease for more than 21 years will be granted. A lease for the purposes of stamp duty land tax (SDLT) is: ‘…an interest or right in or over land for a term of years (whether fixed or periodic), or a tenancy at will or other interest or right in or over land terminable

In an application for adverse possession of registered land, the registered owner may require the application to be dealt with under paragraph 5 of Schedule 6 to the Land Registration Act 2002. In that case the application can only succeed if one of three conditions are met. The third condition consists of four requirements, including that: '(c) for at least ten years of the period of adverse possession ending on the date of the application, the applicant (or any predecessor in title) reasonably believed that the land to which the application relates belonged to him.’ For further details of adverse possession

An Assured Shorthold Tenancy (AST) is a statutory creation, falling under the Housing Act 1988 (HA 1988). By HA 1988, s 1, where a dwelling-house is let to an individual (or a number of individuals), the tenant or at least one of joint tenants occupies it as their only or principal home, and it is not excluded by virtue of the provisions of HA 1988, that tenancy will be an Assured Tenancy. By virtue of the amendments to HA 1988 brought about by the Housing Act 1996, an Assured Tenancy entered into after the commencement of the latter is an AST unless exempted by HA 1988, sch 2A. A transfer of equity may refer to a sale of the underlying freehold or leasehold property, or the addition of

The Commons Act 2006 (CoA 2006) contains the mechanism for the application for, and the registration of, town and village greens. Registration protects these spaces for the benefit of local inhabitants, so that they can continue to enjoy sports and pastimes on such spaces in the future, free from the risk of development. However, the legislation became to be viewed as a means of thwarting legitimate development proposals. Amendments made by the Growth and Infrastructure Act 2013 (GIA 2013) therefore provided exceptions to the ability to apply for town or village green registration; where a 'trigger event' occurs application cannot be made,

Section 203 of the Housing and Planning Act 2016 (HPA 2016) introduced new powers to override rights or interests, including restrictive covenants, where required to carry out building or maintenance works. Prior to entry into force of HPA 2016, s 203, similar powers were contained in section 237 of the Town and Country Planning Act 1990 (TCPA 1990), which have now been repealed. HPA 2016, s 203(2)–(3) sets out a number of conditions which must be met before any rights or interests can be interfered with in this way. These include: • that planning permission for the building or maintenance works has been obtained • that the works

CPR 6.3 provides the methods for service of a claim form within the jurisdiction: ‘(1) A claim form may be served by any of the following methods— (a) personal service in accordance with rule 6.5; (b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;…’ The issue of whether the Royal Mail’s special delivery ‘signed for 1st Class post’ is regarded by the courts as being the same as first class post for the purposes of service in compliance with the rules in Part 6, was considered by the Court of Appeal in  Diriye v Bojaj, in a case considering the use of the service

Does the use of the word 'misrepresentation' in section 75(1) of the Consumer Credit Act 1974 encompass a common law claim for negligent misstatement under the Hedley Byrne principle? In relation to your first query, we refer you to Practice Note: Remedies for connected lender liability in consumer credit. Any claim against the supplier in respect of a misrepresentation or breach of contract, where it states: 'The only causes of action which may be sustained against a supplier are those in misrepresentation and breach of contract. Therefore, a creditor is not liable under section 75 of the Consumer Credit Act 1974 (CCA 1974) in tort (eg under the Consumer Protection Act 1987) or in restitution (eg for moneys

Form N242A CPR 36.11(1) provides that a CPR Part 36 offer is accepted by serving written notice on the offeror. Paragraph 1.1 of Practice Direction 36 (CPR PD 36, para 1.1) states that the making and accepting of an offer may be done using Form N242A, but this is not mandatory. Where an offer has been made using that form, it is likely to be convenient to use the form for acceptance too. Written notice The requirement of written notice includes notice by email. The provisions of the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132 expressly envisage that documents can be served by electronic means. Moreover, Schedule 1 to the Interpretation Act 1978 provides that (unless the contrary intention appears) the term ‘writing’ includes ‘typing, printing, lithography, photography