Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’. TCPA 1990, s 58(1)(a) provides that planning permission may be granted by a ‘development order’. The Town and Country Planning (General Permitted Development) Order 2015 (the GPDO), SI 2015/596 is a development order for these purposes. It allows specific types of development, set out in different classes in GDPO, SI 2015/596, Sch 2, to be carried out without the need to obtain

Section 31(1) of the Highways Act 1980 (HiA 1980) provides that where a way over land has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it, unless the way is of such character that its use could not give rise at common law to any presumption of dedication. The period of 20 years is calculated retrospectively from the date when the right of the public to use the way is brought into question. By HiA 1980,

What is a smart contract and how might it be used? Smart contracts are computerised transaction protocols that execute the terms of a contract automatically, without the requirement of third party involvement. In other words, smart contracts are coded instructions which execute on the occurrence of an event (or events) and self-monitor the terms of the contract. A smart contract consists of the following elements: • two or more parties • the transfer of value from one to another, and • implementation of the contract without human involvement (once the smart contract has been coded) See: Law firms, artificial intelligence and smart contracts: (2016) 3 JIBFL 164 for more information. Smart contracts use blockchain technology to record and execute transactions. The term ‘blockchain’ was defined in a 2016 report by the government as: 'a type of database that takes a number of records and puts them in a block (rather like collating them on to a single sheet of paper). Each block is then ‘chained’ to the next block, using

The duties of an attorney under a lasting power of attorney (LPA) are set out in the Mental Capacity Act 2005 (MCA 2005) and under the general law of agency. Under the MCA 2005, s 9(4) an attorney must (among other things) act in the donor's best interests at all times. When deciding what is in the donor's best interests, the attorney must follow the non-exhaustive checklist set out under the MCA 2005, s 4 as a starting point (there may be additional factors to consider in

The SRA Glossary defines an undertaking as: • a statement, given orally or in writing, whether or not it includes the word ‘undertake’ or ‘undertaking’ • to someone who reasonably places reliance on it • that you or a third party will do something or cause something to be done, or refrain from doing something The SRA imposes an obligation on solicitors, Registered European Lawyers, Registered Foreign Lawyers and the firm itself to perform all undertakings they give. Undertakings must be performed within an agreed timescale or if

Solicitors owe a duty to their clients in common law and under contractual obligations. Solicitors are also governed by the principles set out by the Solicitors Regulation Authority (SRA), one of which is to act in the best interests of each client. Under its code of conduct, APIL members are required to ‘ensure that clients have the opportunity to receive advice on the investment and/or use of damages’. They also provide guidance that ‘Personal injury lawyers must actively ensure that their clients receive advice and assistance on personal injury trusts’. (See: Section C15 Personal Injury Trusts: Introduction: APIL Personal Injury [1]) Section C15 Personal Injury Trusts: Giving advice on personal injury trusts: APIL Personal Injury [4] considers whether all personal injury claimants need advice on personal injury trusts: ‘Do all personal injury clients need advice on personal injury trusts? The answer to this question

Sections 29–30 of the Companies Act 2006 (CA 2006) require all special resolutions to be filed with the Registrar within 15 days. Failure to do so will therefore trigger potential criminal liability for the company and all officers, as well as potential claims from aggrieved stakeholders. However as to the question of whether the resolution remains valid, the tentative answer, depending on what the

The Family Procedure Rules 2010, PD 30A, para 5.11 (FPR 2010) provides in relation to appeals to the Family Court or the High Court that: ‘Where the appellant is represented, the appeal bundle must contain a certificate signed by the appellant’s solicitor, counsel or other representative to the effect that the appellant has read and

The Immigration Rules, Appendix A, para 75 sets out the items that will be taken into account by the Home Office when calculating whether an applicant is entitled to score 20 points for having an appropriate salary. The relevant section of para 75(c) states: ‘Where allowances are solely for the purpose of accommodation, they will only be included up to a value of: (i) 30% of the total salary

If land is unregistered, L (a freeholder) grants T (tenant) a lease of that land and T is then dispossessed by S (squatter), the 12-year limitation period runs: • against T, from the date of dispossession, and • against L, from the date of expiry of the lease If the 12-year period is established before the expiry of the lease, S can then retain the land, as against T, during the rest of the term. Once the expiry date passes, L can recover the land from S (no matter how long S has been in possession), provided that L issues a claim for possession within 12 years of that date. If L makes no claim (and subject to any other available defence), S will then also be entitled to claim the freehold by adverse possession. If

See: HM Land Registry Practice Guide 19 on restrictions, in particular section 6.4, which confirms: ‘An interest under a trust of land can only be protected by a restriction. A beneficiary under a trust of land should generally apply for a restriction in Form A, if a restriction in Form A has not already been entered in the register. A Form A restriction ensures that any capital money must be paid to 2 trustees or a trust corporation. The application must be accompanied by a certified copy of the trust deed evidencing the applicant beneficiary’s interest under the trust of land (do not send the original; see Retention of documents lodged with applications). The statement in panel 12 of form RX1 or conveyancer’s certificate in panel 13 must be completed, setting out how the beneficiary’s

Formalities of a statutory declaration A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. In order to be valid under the Statutory Declarations Act 1835 (SDA 1835), a statutory declaration must be in a prescribed form (SDA 1835, s 20, Sch). Depending upon the circumstances, it is important to check the basis on which the statutory declaration is made to ensure that relevant information is included in the declaration, all additional formalities have been satisfied, and supporting documentation is provided and annexed to the declaration, where appropriate (for example the content of the statutory declaration of solvency is prescribed by section 89 of the Insolvency Act 1986 and the Insolvency (England