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PRACTICE NOTES
Scope for challenges to compulsory purchase orders Section 25 of the Acquisition of Land Act 1981 (ALA 1981) excludes any judicial review challenge being brought against a decision to confirm a compulsory purchase order (CPO). It provides that a CPO cannot be questioned in any legal proceedings whatsoever, either before or after it has been confirmed, made or given, other than pursuant to the provisions under ALA 1981, s 23. The same applies to a certificate issued under ALA 1981, Pt III or Sch 3, relating to certificates to be granted by the Secretary of State, confirming that land acquired by statutory undertakers for the purposes of their undertaking can be included in a CPO without serious detriment to the undertaking, and certificates confirming that adequate exchange land will be given where land forming part of a common, open space or fuel or field garden allotment is included in a CPO. ALA 1981, s 23 permits any person aggrieved by a CPO to question the validity of the CPO by application to the High Court (ie by statutory
PRACTICE NOTES
The Planning Act 2008 (PA 2008) establishes a bespoke consenting regime for nationally significant infrastructure projects (NSIPs). Under that regime, certain large-scale infrastructure projects are authorised by a development consent order (DCO). The statutory scheme also provides for the designation and review of national policy statements (NPSs), which set the planning policy framework for the consideration of applications for DCOs. PA 2008 contains bespoke provisions for legal challenges of certain decisions, acts and omissions relating to NPSs and DCOs. Such legal challenges are subject to specific statutory provisions which modify the ordinary position in judicial review. Challenges to decisions relating to NPSs are governed by PA 2008, s 13, while challenges to DCO decisions and certain related decisions, acts and omissions are governed by PA 2008, s 118. Both provisions require proceedings to be brought by way of judicial review and impose a strict six-week period for filing the claim form. The relevant start date for that period depends on the particular decision,
PRECEDENTS
Date [date] Parties 1 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Buyer) 2 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 1 Definitions In this Deed, the following definitions apply: [Affordable Housing • [social rented, affordable rented and intermediate subsidised housing available to persons who cannot afford to rent or buy housing generally available on the open market OR has the meaning given to that expression in Annex B of the National Planning Policy Framework current today];] Competent Authority • any: (a) local authority, highway authority, government department or other authority, body or person exercising powers under statute or by Royal Charter; or (b) utility service or supply company; Costs • are any costs, losses, damages and liabilities, whether or not resulting from claims, demands, actions or proceedings incurred in, or incidental to, or in contemplation of: (a) the negotiation, preparation and completion of this Deed; (b) the protection, preservation and realisation of this security; (c) the enforcement of any of the Buyer’s obligations under this Deed; [Deed of Priority • a deed of priority dated [date] made between (1) [name
PRECEDENTS
date [date] Parties 1 [name of Lender] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at OR [address] (Lender) 2 [name of Borrower] of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Borrower) 1 Definitions In this Deed, the following definitions apply: Costs • all costs, charges, expenses and liability on a full and unlimited indemnity basis (including all legal and other professional costs, charges and expenses); Event of Default • any event specified in clauses 4.1.1 – 4.1.9 (inclusive); Financial Indebtedness • indebtedness on the part of the Borrower arising from: (a) borrowing (including overdrafts) and amounts raised that have the commercial effect of borrowing; (b) any issued bonds, notes, debentures or similar instruments; (c) any liabilities under finance or capital leases; (d) any sold or discounted receivables; (e) counter-indemnity obligations in relation to guarantees, indemnities, standby or documentary letters of credit and similar instruments; and (f) the amount of any liability under a guarantee or indemnity for any of the items listed in paragraphs (a)–(e)) of this definition; IA 1986 • Insolvency Act 1986; Insurance Policy • any insurance policy now or in the future held by or otherwise benefiting the Borrower in relation to the Real Property (including those specified in Schedule 2
PRECEDENTS
date [date] Parties 1 [name of Lender] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Lender) 2 [name of Borrower] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Borrower) 1 Definitions In this Deed, the following definitions apply: Costs • include all costs, charges, expenses and liability on a full and unlimited indemnity basis (including all legal and other professional costs, charges and expenses); Event of Default • any event specified in clauses 4.1.1–4.1.8 (inclusive); IA 1986 • Insolvency Act 1986; Interest Payment Dates • [days on which interest is to be paid]; Insurance Policy • any insurance policy now or in the future held by or otherwise benefiting the Borrower in relation to the Real Property (including those specified in Schedule 2 and any insurance policies that are effected to renew, substitute or replace them); Interest Rate • [[figure]% a year OR [figure]% above the base lending rate of [name of bank] from time to time] or, should this rate cease to exist, at another rate of interest closely comparable with the Interest Rate [to be agreed between the parties or in default of agreement to be determined
PRACTICE NOTES
This Practice Note sets out details of the various bodies that have responsibilities for and interests in legal complaints handling, including the Legal Services Board (LSB), Office for Legal Complaints (OLC), Legal Ombudsman (LeO), SRA and Legal Services Consumer Panel (LSCP). The main focus is on LeO, which deals with complaints about legal service providers. Legal Services Board The LSB is an organisation established under the Legal Services Act 2007 (LSA 2007) as the single independent oversight regulator of the legal profession. It is responsible for ensuring the highest standards of competence, conduct and service in the legal profession. The LSB has set requirements that the SRA must satisfy in relation to the complaints procedures of authorised persons. It is also responsible for appointing the chair and members of the OLC, which administers the LeO complaints scheme. The LSB does not handle complaints about lawyers and cannot intervene in any complaint or dispute. For more information on the LSB, see Practice Note: Legal Services Board. Office for Legal Complaints The OLC is an independent
PRECEDENTS
This Legal contract management process is designed to explain how to: —request the legal department to draft a contract; —send third party contracts to the legal department for review. 1 Applicability: what is a contract? A contract is a legal document that states and explains a formal agreement between two different people/companies or groups. It gives rise to obligations, both rights and duties, which are enforced or recognised by law. In this Legal contract management process, the term ‘contract’ includes: Agreements Certificates Terms and conditions Supply agreements Employment terms Professional services agreements Legal clauses Comfort letters Confirmation letters Term sheets Statements of work Confidentiality agreements and non-disclosure agreements Deeds Leases Documents Forms Guarantees Licences Novations Offer sheets Waivers Warranties Writs Transfers Renewals Extensions Change notes Change control documents Variations and all other forms of ‘small print’ that set out an agreement between [insert name of organisation]
NEWS
Family analysis: The father applied for legal costs funding in respect of his applications under Schedule 1 to the Children Act 1989 (ChA 1989) and ChA 1989, s 8. At first instance, his application for legal costs funding was refused and he appealed. While the court at first instance referred to the leading authorities of Rubin v Rubin and Currey v Currey (No 2), no specific reference to the applicable guidance from each case was given in the judgment. Katherine Dunseath of 1|GC | Family (counsel for the father on appeal but not at first instance) and Pippa Allsop, senior associate at Michelmores LLP (solicitor for the father), examine the decision.
NEWS
Legal costs incurred as a result of an employee's dispute with, and subsequent unfair dismissal from, his employer are not deductible from earnings for income tax purposes. UKFTT (Tax): Wardle v Commissioners for HM Revenue & Customs.
GLOSSARY
Legal custody describes who has the lawful authority to make major decisions about a child’s upbringing, such as education, medical treatment, religion and place of residence. In modern UK and Irish family law, the term “legal custody” is largely replaced by specific statutory concepts, but it is still used informally and in cross‑border or historical contexts. In England and Wales and Northern Ireland, the closest equivalent is “parental responsibility” under the Children Act 1989 and the Children (Northern Ireland) Order 1995. This grants adults decision‑making rights and duties without using the phrase “legal custody”. In Scotland, similar functions are exercised through “parental responsibilities and parental rights” under the Children (Scotland) Act 1995. In Ireland, the functional equivalent is “guardianship” under the Guardianship of Infants Act 1964 (as amended). Practitioners typically encounter “legal custody” in older orders, foreign judgments, international child abduction cases, or commentary comparing common law systems. Care is required to translate the term accurately into the relevant local statutory framework when advising, drafting, or seeking recognition and enforcement of overseas custody orders.
GLOSSARY
A legal description is the precise written description of land or real property used to identify it with certainty in contracts, deeds, transfers, leases, charges and court documents. It typically goes beyond a postal address, which is not usually sufficient for registrable dispositions.In England and Wales and Northern Ireland, a legal description commonly refers to a Land Registry title number together with a description of the property, often by reference to a filed plan. In Ireland, it usually refers to a Property Registration Authority folio and map, or, for unregistered land, detailed deed descriptions. In Scotland, property is identified in the Land Register by title number and title plan, replacing (for most practical purposes) the older sasine descriptions.The expression “legal description” is descriptive rather than a defined statutory term, but the underlying requirements for certainty of subject‑matter are grounded in land law and registration legislation in each jurisdiction. Accurate legal descriptions are critical to avoid boundary disputes, ensure validity of conveyancing documents and securities, and support due diligence, planning and development.
GLOSSARY
A Legal disciplinary practice is a type of firm owned and run by lawyers and up to 25% non lawyers.