As far as we are aware, there is no legislation or case law which supports the practice of local planning authorities (LPAs) requiring developers to pay the LPA's fees for entering into an agreement under section 106 of the Town and Country

The Equality Act 2010 (EqA 2010) provides a comprehensive framework in relation to non-discrimination and related duties. It provides protection against discrimination in relation to a list of ‘protected characteristics’ by imposing duties and/or prohibiting certain types of conduct. The list of ‘protected characteristics’ contained in EqA 2010, s 4, comprises age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. EqA 2010, Pt 4 imposes duties in relation to premises, including

Bus services are the backbone of the public service network and their provision is primarily governed by the Transport Act 1985 (TA 1985) (as amended) and the Bus Services Act 2017 (BSA 2017). BSA 2017 primarily consolidates and amends the legislation relating to the relationship between bus operators and local authorities in England, bus franchising powers, and the provision of information. The provisions relate to bus services provided by or in partnership with local authorities, rather than private routes which are being established for a particular purpose, such as to enable students to travel to a private college. Pursuant to TA 1985, s 2,

A footpath is a public right of way (section 329 of the Highways Act 1980 (HIA 1980)). As explained in our Practice Note: Public rights of way, they have the same status and protection in law as highways and remain in existence until legally closed, diverted or extinguished. It is a criminal offence to obstruct a public right of way. It is necessary to consider whether the marathon proposed prohibits or obstructs public access to the footpaths or roads used for the duration of the race. If it does this may be an offence. See further our Practice Note: Obstruction of highways in particular on the duties on a Highway

While there are a number of Pensions Ombudsman determinations concerning members of UK registered pension schemes living overseas, one determination in particular concerns the late payment of benefits to a member who had moved to New Zealand. This is the Pensions Ombudsman determination Mrs A Hadley [L00844], dated February 2003. In this determination, although the scheme had not been notified of the member’s move to New Zealand and the payment was made to the member’s UK

It has been assumed that the charity's constitutional documents do not prohibit investment by the trustees in an unlimited company. An unlimited company is a private company whose members are not limited in their liability to contribute to the obligations of the company on winding up. An unlimited company cannot be a public company. From the perspective of the unlimited company, there are no specific company law restrictions on who might be a member of the company. For further information, see Practice Note: Unlimited companies. It appears that there are any specific prohibition under charity law on

The time limits for prosecuting a breach of a Tree Preservation Order (TPO) are set out in section 210(4A) and (4B) of the Town and Country Planning Act 1990 (TCPA 1990), which states: ‘(4A) Proceedings for an offence

The Commercial Rent Arrears Recovery (‘CRAR’) Procedure Part 3 and Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) repealed the previous law of distress and replaced it with a new statutory regime that governs a landlord’s right to seize and sell goods to recover monies owed. CRAR came into force on 6th April 2014 under the Taking Control of Goods Regulations 2013, SI 2013/1894. The change in the law arose due to the perception that distress gave landlords an unfair advantage over tenants and other unsecured creditors. CRAR only applies to purely ‘commercial’

While there is no direct statutory right of appeal against the refusal of an application for a reduction of business rates under section 49 of the Local Government Finance Act 1988 (LGFA 1988), there is nothing to prevent an application to for a write off of rates made as a fiduciary decision utilising the general powers of an authority under the Local Government Act 1972 (LGA 1972) or an examination of the decision by the Monitoring Officer under section 5 of the Local Government and Housing Act 1989 (LGHA 1989). Subject to the provisions of any specific procedures or internal review processes that a local authority may have specifically adopted concerning an application under LGFA 1988, s 49 for a discretionary reduction in business rates, the only specific route of appeal against a refusal is by way of judicial review. There is no direct

Generally, an English company is not permitted to register a transfer of certificated shares not exempt from stamp duty (and consequently legal title to those shares does not pass to the transferee) unless a proper instrument of transfer has been delivered to it—see section 770(1)(a) of the Companies Act 2006. The meaning of the term 'proper instrument of transfer' was considered by the Court of Appeal in In re Paradise Motor Co Ltd, which found that a proper instrument of transfer is a document which is capable of attracting stamp duty. Most commonly this will be a stock transfer form. While there is no strict legal obligation to pay any stamp duty chargeable on an instrument of transfer, it is unlikely that a company secretary would agree to register an unstamped transfer (unless exempt). Among other things, this is because section 17 of the Stamp

We refer you to the following content which you may find helpful: Background: when can an executor distribute the estate and what protections are there for an executor when they distribute the estate? • Overview: Distribution of the estate • Distribution within the executor's year: Halsbury's Laws of England [1057] Practice Notes: • Beneficiaries' rights and remedies • Personal representatives' protection—notices and searches • Personal representatives—protection and relief from liability Can an executor claim money and/or assets back from a beneficiary

Before the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), deeds of covenant were commonly used in respect of assignment of tripartite lease in order to ensure that assignees were in a direct contractual relationship with the management company—on the basis that whilst privity of estate ensured that assignees would be liable on tenant’s covenants and able to sue landlords for breach of theirs, the position in respect of management companies