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NEWS
Local Government analysis: The court found that a general abatement order under section 82 of the Environmental Protection Act 1990 (EPA 1990) was the appropriate remedy for noise nuisance arising from a skate park and multi-use games area (MUGA). It was not necessary to prescribe the manner of abatement where not all the emanating noise amounted to a nuisance. Written by Vivienne Sedgley, barrister at 4-5 Gray’s Inn Square.
GLOSSARY
A tax avoidance rule the purpose of which is to deter taxpayers from entering into abusive arrangements, and to deter would-be promoters from promoting such arrangements.
GLOSSARY
An authorisation, regardless of whether it is regulated by a ‘class licence’ or under general law and whether such regulation requires registration, which does not require the undertaking concerned to obtain an explicit decision by the national regulatory authority before exercising the rights stemming from the authorisation.
GLOSSARY
A general bequest is a gift in a will described by amount or type, not by a particular asset, and is payable out of the testator’s general estate. Common examples are pecuniary legacies (e.g., “£10,000 to A”) or a quantity of fungible property (e.g., “100 shares in XYZ plc” without identifying specific certificates). It contrasts with a specific bequest (a particular identified asset) and a demonstrative bequest (a gift payable primarily from a specified fund).In practice, a general bequest does not adeem by extinction if the testator no longer owns any item mentioned generically; the personal representatives must satisfy it from available estate assets. On a shortfall, general bequests are subject to abatement and will yield before specific legacies. Interest on pecuniary legacies typically runs from the end of the executor’s year unless the will provides otherwise.The expression is not defined by statute; its features derive from case law and long-established probate practice. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though Scots law more often uses “legacy” and applies the concept to moveable estate within its succession rules.
PRACTICE NOTES
This Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general information on civil restraint orders (CROs) that is common to all types of CRO. For information on other orders that can be made against vexatious litigants, also see Practice Notes: Limited civil restraint orders, Extended civil restraint orders, and Civil proceedings orders against vexatious litigants. What is a general civil restraint order (GCRO)? A general civil restraint order (GCRO) may be made where a party persists in issuing claims or making applications that are totally without merit, in circumstances where an extended civil restraint (ECRO) would not be sufficient or appropriate (CPR PD 3C, para 4.1). It prevents the party from making any further applications or claims in specified courts without the prior permission of the court (CPR PD 3C, para 4.2). An example of a GCRO is attached to CPR PD 3C (Form N19B) (CPR PD 3C, para 5.3). As noted in Caine v Facebook Ireland Ltd, a GCRO is general in its application and
GLOSSARY
Damages assessed to compensate a claimant for damage or loss other than financial loss.
PRACTICE NOTES
This case tracker summarises key authorities on damages awarded in personal injury claims arising from abuse. It sets out the case name and citation, the nature and severity of the abuse, the psychological impact on the claimant and the sums awarded for pain, suffering and loss of amenity (PSLA), together with any aggravated damages (AD). It also provides an indication of the present day equivalent value of awards, adjusted for inflation to early 2026, to assist practitioners in valuing abuse claims. The cases in this case tracker are listed from the lowest to highest value (present day equivalent value adjusted to early 2026). See our Uplift for General Damages calculator, Uplift for General Damages to update quantum awards for inflation, the Simmons v Castle uplift and/or the Heil v Rankin uplift. This Practice Note should be read in conjunction with Practice Notes: Quantum in abuse claims and Earnings related awards in abuse cases—case tracker. Case Abuse Psychiatric consequences Award RPI/S v C adjusted (February
GLOSSARY
A general devise is a gift in a will of all, or a class, of the testator’s real property (land or buildings) that is not disposed of by a more specific provision. In modern drafting it typically contrasts with a specific devise (a clearly identified property) and a residuary gift (everything remaining after other gifts and debts). Historically, “devise” related to real property and “bequest” to personal property, though this distinction is largely academic under current succession law in England and Wales, Scotland, Northern Ireland and Ireland. The term “general devise” is not usually defined in statute but is recognised in case law and standard texts on wills and succession. In practice, a general devise may read as a gift of “all my freehold property” or “all real property I own at my death”. Its construction affects ademption, lapse and the interaction with the residuary estate. Usage is broadly consistent across the UK and Ireland, though Scottish practitioners more commonly use “legacy” and “bequest”; the underlying concept of a non‑specific gift of heritable property is, however, similar.
GLOSSARY
The end of a partnership followed by a winding up of its affairs.
NEWS
Public Law Analysis: Prime Minister, Rishi Sunak, has requested and received permission from the King to dissolve Parliament and has called for a general election to be held on 4 July 2024. Parliament will therefore be prorogued on 24 May 2024, and dissolved on 30 May 2024 under the Dissolution and Calling of Parliament Act 2022 (DCPA 2022). This analysis considers the implications of this announcement for Bills currently before Parliament together with the impact on government and public bodies up until the election.
PRECEDENTS
Checklist of supporting documents for entry clearance Format for translations Any documents not in English or Welsh must be accompanied by the version in its original language with a full translation which includes: —certification by a qualified translator and details of the translator's or translation company’s credentials which can be independently verified by the Home Office —contact details for the translator or translation company —confirmation that it is a true and accurate translation of the original document —date of the translation, and —full name and signature of the translator or an authorised official of the translation company Format for documents All identity documents that are provided must be original, unless otherwise specified. The supporting documents must be clear copies of the originals in A4 format. In the majority of non-settlement applications, supporting documents are digitally uploaded prior to the appointment, rather than submitting original hard copy documents at the visa application centre. Where this is not possible, scanning and upload services may be available at some visa application centres. This will involve taking your copies of the documents to your appointment, where they will
PRECEDENTS
A. All routes: information available from all applicants' passports Information requested Notes Responses Given name(s) as stated in your passport For each dependant, please confirm their relationship to you Family name(s) as stated in your passport Date of birth (DD/MM/YYYY) as stated on your passport Gender Place of birth (city/town/province/state) Country of birth Nationality as stated on your passport If you hold more than one nationality, please confirm the nationality of the passport you wish to use to travel to the UK Passport number Passport issue date (DD/MM/YYYY) Passport expiry date (DD/MM/YYYY) Passport issuing authority This will normally appear on the biodata/photo page and could also be referred to as ‘country of issue’ or ‘place of issue’ B. All routes: questions for main applicant and each dependant Questions Notes Responses YOUR IMMIGRATION STATUS WHERE YOU ARE APPLYING If you are not a national of the country in which you are applying, what permission do you have to be in that country?—I have a temporary visa—I am a permanent resident—I do not have a visa and I am not a permanent resident If relevant, include the immigration route and expiry date (DD/MM/YYYY)If you have