Wayleave has not been used after expiry and no further licence payment was made This depends on the terms of the wayleave agreement but it is likely that that the wayleave will have terminated on expiry in this situation. See for example Clause 11.3 of the Precedent Wayleave agreement—previous Electronic Communications Code, which provides: ‘this agreement shall terminate automatically on expiry of the Wayleave Period'. Note that there may be some ‘trailing wires’ in terms of obligations to reinstate the premises or make good after removal of the licensee’s equipment (see Clause 6.3 of our Precedent)’ Wayleave has been used after expiry but no further payment was made If the wayleave agreement has expired and further use has been made but without payment, then any further

If the charitable legatee is: • described with certainty, or • is capable of being ascertained on evidence that is admissible the executors may distribute to it. If there remains any doubt, an application to the court for directions may be appropriate (see below). The reason for the wrong charity address being stated in the Will may be that the charity has changed its name or address, merged with another charity or become incorporated between the date of the Will and the date of death, which may or may not affect

This Q&A will not look at the legal relationship between the local authority and independent schools, where school governors and trustees make the key decisions and funds are derived from private sources such as school fees. The role of the local authority with respect to education has been changing for many years. The main role of a local authority now is to ensure the good provision of education for all children in its area. This involves ensuring sufficient school places are available by building or extending schools, getting rid of surplus places by closing or reorganising schools, assessing school transport, providing support services for schools and allocating finances to schools. See further, Practice Notes: Opening, altering or

This Q&A assumes that section 31 of the Care Act 2014 (CA 2014) is in force and that the amendments made by section 166(7) of the Health and Care Act 2022 (HCA 2022) (cap on care costs for charging purposes) have not come into force. A nominated person under CA 2014, s 31 is a person who is nominated by an adult with capacity to receive direct payments in respect of that adult’s personal budget (which sets out what the local authority will pay towards the adult’s care needs). CA

The effect on a tenancy of the death of the landlord is discussed in Practice Note: Death of a landlord or tenant. The tenancy itself is unaffected: the reversion vests in the landlord's personal representatives (PRs). Where the landlord

What is a PRU Management Committee? PRUs were established to provide suitable education for those children who, by reason of illness, exclusion or otherwise, may not receive suitable education, pursuant to section 19 of the Education Act 1996 (EA 1996). PRUs are generally known for catering for pupils excluded from local authority schools. Under Regulation 3 of the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007, SI 2007/2978 (SI 2007/2978, reg 3) local authorities are required to establish a Management Committees for each PRU maintained by them. As of 1 February 2008, each new PRU is required

Legal status of executive agencies As noted in our Practice Note ‘Arm’s length bodies’: non-departmental public bodies, executive agencies and non-ministerial departments, an executive agency is part of a government department. It is treated as a separate unit for managerial/presentation purposes, but remains part of the department and has no separate legal existence or personality. The Civil Court Practice 2014 (The Green Book) supports this position (in relation to Crown Proceedings): 'Most of the authorised Government departments have set up Executive Agencies through which much of the Department's business is carried on, particularly, the provision of services to the public. Executive Agencies which have been set up in this way are not separate legal entities but remain part of their Department. Civil Proceedings which arise out of an Executive Agency's activities should therefore be treated as proceedings by or against the Department; and the address for service for

The short answer is that a local planning authority (LPA) is not liable in negligence for any shortcomings in pre-application advice it provides, even if paid for. The courts have been reluctant to impose tortious duties of care upon LPAs for conduct connected with planning applications. The floodgates argument is the justification and the burden that would be placed on the administrative procedures of local government if such duties were imposed. Even if a claim in contract could be framed, the problem is that identifying

‘Detriment’ is a concept found in a variety of different areas of employment law, in particular the various protections against being subjected to a detriment for a number of unlawful reasons found in sections 43M to 47G of the Employment Rights Act 1996 (ERA 1996). Broadly speaking, what may amount to ‘detriment’ is not defined in express statutory words in any of these contexts. However, in all these contexts, this much is clear from the case law about detriment: A worker is subjected to a detriment if they are ‘put at a disadvantage’: • the test is whether a reasonable worker would or might take the view that the treatment accorded to them had in all the circumstances been to their detriment

Section 12 of the Education Act 1996 (EA 1996) used to define ‘local education authorities’ (LEAs), which were responsible for the provision of various educational services in their areas. In England, in any area where there was a county council, it would be the LEA. Where there was no county council, the district council would be the LEA, or the relevant Borough in London; see:

Claims within two months PRs may protect themselves from unknown debts by placing the statutory advertisement for claims under Trustee Act 1925, s 27 (TA 1925); see Practice Note: Payment of debts—insolvent estate. PRs may give notice of their intention to distribute the estate, requiring any person interested to send in particulars of his claim to them within the stated time, being not less than two months from the appearance of the advertisement. Note that a notice will not protect PRs where

Obligations of an assignor tenant under an old lease The general rule is that where the lease is an old tenancy, the original tenant remains liable for the tenant covenants throughout the term of the lease, even if it has assigned its interest. However, there are some exceptions: • the tenant will not be liable for any obligation arising from a variation of the lease made without its consent following assignment, unless the variation was anticipated under the terms of the original lease, eg an increase in rent under the rent review clause (see Friends’ Provident Life Office v British Railways Board and section 18 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)) • an assignee of an old tenancy is liable for those tenant covenants that touch and concern the land for as long as the lease remains vested in the assignee