Section 149 (2) of the Highways Act 1980 (HiA 1980) states: ‘(2)If the highway authority for any highway have reasonable grounds for considering— (a)that any thing unlawfully deposited on the highway constitutes a danger (including a danger caused by obstructing the view) to users of the highway, and (b)that the thing in question ought to be removed without the delay involved in giving notice or obtaining a removal and disposal order from a magistrates’ court under this section, the authority may remove the thing forthwith.’ HiA 1980, s 149(1) speaks about ‘nuisance’, whereas HiA 1980, s149(2) moves on to deal with ‘danger’. There is clearly a difference in law between causing a nuisance and constituting a danger. An object left on the highway which causes a nuisance to road users might not necessarily be a danger, although the two are certainly intertwined. Practice Note: Obstruction of highways refers to the House of Lords case of DPP v Jones, where Lord

Section 19(1)(b) of the Landlord and Tenant Act 1927 applies to leases granted: • for a term of more than 40 years • in consideration wholly or partially of the erection, or the substantial improvement, addition or alteration of buildings • where the landlord is not a government department, a local or public authority or

Section 213 of the Housing Act 2004 (HA 2004) as amended by the Localism Act 2011 (as from 2012) provides that any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme. This is an absolute requirement and cannot be opted out of. Subsection (5) provides that where a landlord receives a tenancy deposit in connection with a shorthold tenancy they: ‘must give the tenant and any relevant person such information relating to— (b) compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and (a) the authorised scheme applying to the deposit, (c)

Section 230 of the Highways Act 1980 (HiA 1980) enables a street works authority to give notice to owners of the premises fronting the street (frontagers) to execute necessary repairs to obviate danger to traffic in a private street. If the frontagers fail to carry out the work as requested, the authority has the power to do so and charge the frontagers for the work undertaken or bear the costs itself. HiA 1980, s 203 states that: ‘fronting’ includes adjoining, and ‘front’ is to be construed

For the purposes of section 42 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is in the name of company A but company B (a subsidiary of company A) is in occupation, does company B need to carry on the same business as company A for the lease to benefit from LTA 1954 protection—or does company B just need to carry on a business (not the same as company A's)? Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for statutory security of tenure for most business tenancies. As a result a tenancy does

The exemption available under section 86(1)(b) of the Financial Services and Markets Act 2000 (FSMA 2000) exempts an offeror from the requirement to publish an approved prospectus prior to an offer to the public in the UK of transferable securities where the offer is made to or directed at fewer than 150 persons, other than qualified investors, per EEA State (the exemption is set out in Article 3(2)(b) of the Prospectus Directive (Directive 2003/71/EC) (the Prospectus Directive)). The Prospectus Directive was amended on 24 November 2010 by an Amending Directive (Directive 2010/73/EU) (the Amending Directive), which, among other changes, increased the threshold from 100 to 150 persons. The Prospectus

The relevant regulations for the governance of schools in a federation is the School Governance (Federations) (England) Regulations 2012, SI 2012/1035 (the School Governance Regulations). The School Governance Regulations, SI 2012/1035, reg 5 defines ‘governing body’ for a federation of schools as ‘a governing body incorporated under section 19(1) of the Education Act 2002 or these Regulations as appropriate’. This incorporation of the governing body is confirmed in School Governance Regulations, SI 2012/1035, reg 13 which is titled ‘Incorporation of governing bodies of federations and dissolution of former governing bodies’, where School Governance Regulations, SI 2012/1035, reg 13(1)(b) states that: ‘On the federation date—the governing body of the

For the purposes of consumer protection legislation, a consumer is defined as "an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession" (section 2(3) of the Consumer Rights Act 2015,). For more information, see Q&A: In the UK, what is a ‘consumer’? The inclusion of ‘wholly or mainly’ in the definition allows for contracts entered into for mixed purposes (both personal and business) to fall within the scope of consumer protection, provided the business purpose is secondary or negligible. In relation to the relationship

There is no definition of ‘business’ in the new Pre-action Protocol for Debt Claims. However, you may find it useful to consider the definition of ‘business’ in related legislation by analogy. For example, section 2(7) of the Late Payment of Commercial Debts (Interest) Act 1998 states

Part I of the Landlord and Tenant Act 1987 (LTA 1987) (LTA 1987, s 1) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. Where LTA 1987 applies, the landlord is prohibited from making a relevant disposal without first serving a notice under LTA 1987, s 5 (commonly referred to as a ‘section 5 notice’) on

Under section 4 of the Landlord and Tenant Act 1987 (LTA 1987), a relevant disposal occurs when the immediate landlord of the qualifying tenants wishes to dispose of its interest. ‘Disposal’ has an extremely wide meaning and includes the disposal of any estate or interest (whether legal or equitable). It covers the creation or transfer of such an estate or interest and includes the surrender of a tenancy and the grant of an option or right of pre-emption. It also includes a contract to create or transfer an estate or interest in land. In this part references to a relevant disposal affecting any premises to which this part applies are references to the disposal by the landlord of any estate or interest (whether legal or equitable) in any such premises, including the disposal of any such estate or interest in any common parts of any such premises but excluding— ‘(a) the grant of any tenancy

The Landlord and Tenant Act 1987 (LTA 1987) provides to certain qualifying tenants of properties a right of first refusal. This means that if their landlord is seeking to dispose of their interest in the property (whether as freeholder or superior leaseholder) the landlord must offer the interest to those qualifying tenants first. A failure to do so is not only a criminal offence but can involve the unwinding of a transaction done