Refine By
Clear all filter
About 92551 results for "*"
GLOSSARY
The statutory minimum terms that an employer must evidence in writing to an employee as part of the employment relationship.
PRACTICE NOTES
Introduction Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the decision taken was unlawful. In principle, a planning decision can be challenged through an application to the High Court for judicial review (see Practice Note: Planning judicial review). However, there are instances where the relevant statutory regime governing a particular decision or action provides for challenge by way of a statutory appeal. In other words, the relevant legislation will expressly state that a particular action or decision can be appealed to the courts in accordance with the particular statutory provision. Such challenges are known as statutory appeals. This Practice Note focuses on the provisions for statutory appeals, which in a planning context comprise: • appeals under section 289 of the Town and Country Planning Act 1990 (TCPA 1990) relating to enforcement notice appeals, tree preservation order enforcement appeals and in Wales, appeals against notices requiring the maintenance of land • appeals under section 65
PRACTICE NOTES
Introduction Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the decision taken was unlawful. Most planning decisions can be challenged through an application to the High Court for judicial review (see Practice Note: Planning judicial review). However, there are instances where the relevant statutory regime governing a particular decision or action expressly prevents the decision or action from being challenged in court, including via judicial review, other than by way of a statutory application. In other words, the relevant legislation will expressly state that a particular action or decision cannot be challenged except in accordance with a specific statutory provision. Such challenges are known as statutory reviews or statutory challenges. This Practice Note focuses on the provisions for applications for statutory planning review (commonly referred to as ‘applications’ rather than ‘claims’ although the terms are used interchangeably), which in a planning context comprise:
GLOSSARY
The statutory powers of a company are the many powers conferred on a company by the Companies Act 2006 unless they are restricted or excluded by the company's articles of association.
GLOSSARY
Those pre-emption rights specifically derived from CA 2006, s 561. See pre-emption rights.
NEWS
Public Law: The High Court quashed the Parole Board’s direction to release Glyn Razzell, holding that it was not satisfied that continued confinement was no longer necessary for public protection. In independently applying the statutory public protection test, the court considered Razzell’s denial of guilt, non-disclosure of the location of his wife’s remains under Helen’s Law, relationship-based risk factors and concerns about honesty and compliance. The decision, the first referral under Helen’s Law, confirms that the High Court performs an independent statutory assessment rather than an appellate or supervisory review of the Board. Practitioners should note the court’s evidence-sensitive approach and the potential for evidence beyond the Parole Board dossier to be considered. Produced in partnership with Simon McKay, a barrister practicing in England, Wales and Northern Ireland.
GLOSSARY
The CA 2006 requires companies to keep a number of statutory registers, including the register of members, the register of directors, the register of directors' residential addresses, and the register of secretaries. See also alternative record-keeping.
PRECEDENTS
1 References in this Agreement to any statute or statutory instrument include any statute or statutory instrument amending,
GLOSSARY
Statutory rules contained in Schedule 45 to the Finance Act 2013 which determine an individual's residence for UK tax purposes.
GLOSSARY
Statutory rules contained in Schedule 45 to the Finance Act 2013 which determine an individual's residence for UK tax purposes.
FLOWCHARTS
This Flowchart illustrates how UK non-residence or residence can be determined, in the first instance, under the automatic
FLOWCHARTS
This Flowchart illustrates how UK residence can be determined under the ‘sufficient ties’ test.