Breach of condition notices The Town and Country Planning Act 1990 (TCPA 1990) makes provision with regards to planning law. When planning permission is given for development of a piece of land, the granting of planning permission can be made subject to specified conditions. TCPA 1990, s 187A gives a local planning authority the power to take certain enforcement action in the event that such conditions are not complied with. Specifically, TCPA 1990, s 187A(2) allows a local planning authority to serve a ‘breach of condition notice’. TCPA 1990, s 187A(2) states: ‘The local planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on— (a) any person who is carrying out or has carried out the development; or (b) any person having control of the land, requiring him to secure compliance with such

Section 24A(3) of the Landlord and Tenant Act 1954 (LTA 1954) provides that the application for interim rent must not be made more than six months after the termination of the relevant tenancy. The 'termination of the relevant tenancy' in LTA 1954, s 24A(3) is referring to the termination of the relevant tenancy in accordance with LTA 1954 and not the date on which the term would, but for LTA 1954, have

In order to make an appeal, a taxpayer must first apply for permission to appeal (PTA). The PTA application should be submitted: • within 56 days of the full FTT decision—if the taxpayer obtains permission, the taxpayer must submit its appeal to the Upper Tribunal (UT) within one month of receiving notice of permission • if the FTT refuses to grant permission to appeal

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. The general procedure relating to insolvency applications is dealt with in rules 7.1–7.10 of the Insolvency Rules 1986, SI 1986/1925 (IR 1986) and the process of filing and serving applications is covered by IR 1986, r 7.4. Although it is usual for witness statements in support of applications to be filed and served at the

An application for security for costs is governed by CPR 25.12 and CPR 25.13. It allows a defendant to apply for protection against the risk of being unable to enforce any costs order that may be obtained. The order, if made, usually requires the claimant to make payment of money into court, which the defendant can then use to enforce any costs award they may later obtain. Save that CPR 25.12(2) provides that an application for security for costs must be supported by written evidence (covering the conditions to be satisfied in CPR 25.13), there are no special procedural rules for security for costs applications. Instead, CPR 23 will apply. The application notice, containing the witness statement in support, should be issued as soon as it becomes apparent that it is necessary or desirable, and, if possible, so that they can be considered

This answer assumes no specific provision for a case summary has been made in any of the court's orders and/or case management directions in this claim allocated to the fast track. The only reference in the Civil Procedure Rules (CPR) to parties providing case summaries is in relation to multi-track proceedings under CPR PD 29, para 5.6 and CPR PD 29, para 5.7. Although there seems to be no reference in the main body of the CPR to the provision of case summaries in the fast track, the standard fast track directions appended to CPR PD 28 include an optional direction for the provision of an agreed

Deadline for issuing court proceedings The deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for the termination of the current tenancy without grant of a new tenancy (if the landlord is opposing the grant of a new tenancy), is the date specified in the landlord's section 25 notice or the date immediately before the date specified in the tenant's section 26 request (the ‘statutory period’). If the landlord serves an opposed or unopposed section 25 notice, the landlord or the tenant can then immediately apply to the court for a new

There is no deemed service provision within Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) although LRHUDA 1993, s 99 provides that any notice shall be in writing and may be sent by post. It is the responsibility of the sender to prove service. Where an Act authorises a document to be served by post and that document was served by properly addressing, pre-paying and posting a letter, then service is deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post (section 7 of the Interpretation Act 1978). Accordingly, if a notice is served by first class post it will be deemed to be served on the second business day

The deemed date of service for claims issued via the Money Claim Online is provided for in CPR PD 7E which sets out

When serving a claim form in the jurisdiction, the date of service is not the date on which the defendant receives the claim form. Instead, it is a date which is determined by application of provisions within the CPR. It is therefore called the 'deemed date' of service, as it may bear no correlation with the date on which the defendant receives the claim form. The deemed date of service is used to work out the timetable for the next stages of the proceedings, which are marked by the number of days since service of the claim form. The deemed date of service is laid down by the CPR and is not rebuttable by evidence (Godwin). Therefore even if it can be shown that

The defamation rule is a rule of law which affects the availability of the grant of interim injunctive relief where there has been an attempt to circumvent the restrictions which apply to such applications in defamation by relying on alternative causes of action where the nub of the complaint is really damage to reputation. In principle, an injunction is available in the law of defamation as in all cases where it is just and convenient to grant one. The jurisdiction will exist in defamation and malicious falsehood where there has been or threatens to be a publication of a statement which is false and is either defamatory, or gives rise to a claim in malicious falsehood. See Practice Note: Malicious falsehood. However, the availability of interim injunctions in defamation in particular is circumscribed by a number of requirements found in longstanding authorities which make the form of relief difficult to obtain in this area of law. Firstly,

This Q&A raises the issue of the construction of overage clauses and whether there is any limit to the period for which they can remain enforceable. An overage is an obligation to pay a sum of money to the vendor of land, additional to that which is paid in consideration of the original transfer. The vendor therefore reserves the right to the payment of money at a date in the future, usually referable to a particular event, be it the grant of planning permission or the sale of a property which has subsequently been built. The first task will be to construe the clause to determine whether it seeks to place a limitation upon the period during which the obligation to make payment will apply. In Rainy Sky SA v Kookmin Bank, Lord Clarke said that the authorities showed that