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GLOSSARY
A public corporation generally refers, in UK and Irish legal practice, to a body established by statute to carry on commercial or service activities on behalf of the state, with a distinct legal personality and a degree of operational independence from ministers. It is commonly used to describe nationalised industries or state-sponsored bodies that trade, hold assets and incur liabilities in their own name.In the UK, “public corporation” is primarily a descriptive term used in public law, administrative law and public finance, and appears in legislation such as the Office for National Statistics classifications and sectoral statutes creating specific corporations. Public corporations typically have a statutory constitution, a board appointed (wholly or mainly) by government, borrowing or funding powers, and are subject to public law duties, audit and accountability frameworks.In Ireland, the concept is broadly similar, though entities are more often referred to as “state bodies”, “semi-state bodies” or “commercial state-sponsored bodies”, with the precise legal form determined by their establishing Act.Across all jurisdictions, understanding whether a body is a public corporation is important for issues such as judicial review, state aid, public procurement, FOI, liability, and classification for public sector finance and insolvency purposes.
GLOSSARY
A public easement is a right enjoyed by the public at large to use land owned by another, most commonly for passage (such as walking, cycling or driving) over a highway, path or access route. In practice, it describes situations where the public has a legally enforceable right of way or similar servitude over private or publicly owned land.In England and Wales and Northern Ireland, public rights of way (including footpaths, bridleways and byways) are the main form of public easement and arise by statute, dedication and acceptance, long use or order. In Ireland, public rights of way similarly derive from common law and statute, with considerable case law on proof of dedication and public user. In Scots law, the closest equivalent is a public right of passage over a road or path, often analysed as a public right rather than a private servitude.Key issues for practitioners include creation (express, implied or presumed dedication), evidential requirements (user “as of right”, continuity, public character), recording on definitive maps or lists, scope of permissible use, maintenance responsibilities, extinguishment, diversion and impact on development, land registration, access disputes and risk management.
GLOSSARY
An electronic communications network used, in whole or in part, for the provision of publicly available electronic communications services.
GLOSSARY
The procedure whereby the court, upon the application of the official receiver only, summons a bankrupt to appear before it to be publicly examined as to his affairs, dealings and property and as to the causes of his failure.
PRACTICE NOTES
The primary duty of the official receiver (OR) in a compulsory liquidation is to investigate: • if the company has failed, the causes of the failure, and • generally, the promotion, formation, business, dealings and affairs of the company and to make such report, if any, to the court as he thinks fit. This duty is carried out by examining the company’s officers, anyone who has acted as liquidator, administrator, receiver or manager and/or any other persons capable of giving information concerning the company’s promotion, formation, business, dealings and affairs during informal meetings, public examination or private examination. This Practice Note discusses public examination under section 133 of the Insolvency Act 1986 (IA 1986). For key cases and associated relevant content, see Practice Note: Public examination of officers under section 133 of the Insolvency Act 1986—key cases. Official receiver’s application Where a company is in compulsory liquidation, the OR may at any time before dissolution of the company apply to court for the public examination of any
PRACTICE NOTES
This Practice Note sets out certain key cases and associated relevant content on the public examination of officers and others under section 133 of the Insolvency Act 1986 (IA 1986). The cases are divided by topic area and include: • application for examination • examinee out of the jurisdiction • rescission of order • the examination • adjournment of the examination • expenses of the examination For further reading on this topic, see Practice Note: Public examination of officers under section 133 of the Insolvency Act 1986. Application for examination Names of parties Judgment date Case summary Relevant content Re Transworld Payment Solutions UK Ltd (in liquidation); Official Receiver v Deuss [2020] EWHC 3441 (Ch), [2020] All ER (D) 95 (Dec) 17 December 2020 The court is required to make an order for public examination if the conditions set out in IA 1986, s 133(1) are satisfied, unless it is satisfied that there is no useful purpose to be served by an examination.The
PRACTICE NOTES
This Practice Note sets out certain key cases and associated relevant content on the public examination of the bankrupt under section 290 of the Insolvency Act 1986 (IA 1986). The cases are divided by topic area and include: • application for examination • examinee out of the jurisdiction • the examination • adjournment of the examination • cross-examination on answers given at an examination • contempt of court For further reading on this topic, see Practice Note: Evidence and evidence gathering—public examination of the bankrupt. Application for examination Names of parties Judgment date Case summary Relevant content Re Transworld Payment Solutions UK Ltd (in liquidation); Official Receiver v Deuss [2020] EWHC 3441 (Ch), [2020] All ER (D) 95 (Dec) 17 December 2020 A public examination should not be oppressive and should serve a useful purpose. If the court finds that the contemplated examination is oppressive it will decline to make an order.The discretion is to be exercised judicially and following a careful balancing
PRACTICE NOTES
This Practice Note covers eligibility for public funding in care proceedings, what is covered by the public funding including expert witness fees, translation costs and what is not covered without prior authority. It covers the application for prior authority and gives guidance on what is likely to be granted. Public funding in care proceedings is provided for parties by the Legal Aid Agency (LAA) who are an executive agency of the Ministry of Justice. Public funding involves the relevant party’s solicitor applying for and being granted by the LAA, a legal aid certificate. Once granted, the legal aid certificate allows the solicitor to undertake work on behalf of the publicly funded client with the solicitor’s costs and disbursements being reimbursed by the LAA at the conclusion of the case. Who is eligible for public funding in care proceedings? The following are automatically eligible for public funding in an application by a local authority for a care or supervision order without having to satisfy a means or merits test: • biological parents
GLOSSARY
A public holiday that is normally given to employees on certain days in the calendar year.
PRACTICE NOTES
Purpose and aims of public inquiries Generally, a public inquiry is established as a means of reviewing in detail events giving rise to public concern. There are two types of public inquiry: • statutory inquiries—set up under either the Inquiries Act 2005 (IA 2005) or other statutory powers for Parliamentary Commissioners, local authorities, regulatory bodies and others, and • non-statutory inquiries—such as those made under the royal prerogative to establish a Royal Commission IA 2005, s 44(4) expressly preserves ‘any power of [the Sovereign] to establish a Royal Commission’ as well as ‘any power of a Minister or other person (whether under a statutory provision or otherwise) to cause an inquiry to be held otherwise than under this Act’. Inquiry proceedings may be held in public or in private, according to the procedure applicable to that particular inquiry. Lord Justice Salmon, who chaired a Royal Commission on Tribunals of Inquiry in 1966, observed that secrecy ‘increases the quantity of the evidence but debases its quality’ (Royal Commission on Tribunals of Inquiry, 1966 Cmnd 3121 (not reported by LexisNexis®)). This
PRACTICE NOTES
The procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be conducted. Similarly, there is a dearth of official guidance. The Cabinet Office’s Inquiries Guidance: Guidance for Inquiry Chairs and Secretaries and Sponsor Departments was described by a witness giving evidence to the House of Lords Select Committee on the Inquiries Act 2005 as ‘frankly…no use at all’. This Practice Note focuses on statutory rather than non-statutory inquiries. For background reading, see Practice Note: Public inquiries. Key stages of an inquiry In practice most inquiries roughly follow a number of key steps: • the announcement of the inquiry, its terms of reference and the appointment of a chair/panel • the opening of the inquiry • engaging an inquiry secretary, inquiry staff, a solicitor to the inquiry and counsel to the inquiry • obtaining and securing evidence • initial investigations, scoping exercises and relevancy checks—this
PRECEDENTS
Inquiry: The [insert name of inquiry] inquiry Chair: [Insert name of inquiry chair] [Insert inquiry contact address etc] [Insert name of recipient] Confidential [Insert date] Dear [insert name of addressee], The [insert name of inquiry] inquiry I write on behalf of the Chair of the Inquiry. Background to the Inquiry The Inquiry was announced by [insert source eg Secretary of State] on [insert date]. Its terms of reference are as follows: ‘[Insert terms of reference]’. The Inquiry panel is now preparing its report. Within that report, the panel is minded to criticise your role in the events it has examined. This letter sets out the proposed criticism, the facts on which the proposed criticism is based and any evidence considered to substantiate it. The letter is intended to offer you