A public right of way must be open to all members of the public, however, the right to use a particular public right of way is limited to a certain class of user. The following are considered the main types of public right of way: • a carriageway—over which the public have a right of way on foot, riding on or accompanied by a beast of

The London Approach was originally designed by the Bank of England in the 1970s, and was developed further in the 1980s and 1990s. It was designed as a collective process for voluntary workouts to restructure debts of corporates in distress, while maximising their value as going concerns. It comprises a set of non-binding principles that serve as a guide for participants

Section 78A of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) in certain circumstances to continue to determine an application for an additional period where the applicant has already appealed for non-determination. TCPA 1990, s 78A

What are the obligations regarding this order button? The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (the Consumer Contract Regulations) set out a number of obligations for distance contracts which are concluded by electronic means. The Consumer Contracts Regulations, which came into force on 13 June 2014, state at reg 14(4): If placing an order entails activating a button or a similar function, the trader must ensure that the button or similar function is labelled in an easily legible manner only with the words 'order with obligation to pay' or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. The Consumer Contracts Regulations, reg 14(4) is in addition to general obligation under reg 14(3)

For a floating charge to be challenged, it must have been created at the 'relevant time' being: • where the charge was created in favour of a person connected with the company, at a time in the period of two years ending with the onset of insolvency • where the charge was created in favour of a person not connected to the company, at a time in the period of 12 months ending with the onset of insolvency • in either case, at a time between the making of an administration application in respect of the company and the making of an administration order on that application, or • in either case, at a time between the filing with the

The transaction must have been entered at the relevant time being: • within six months prior to the onset of insolvency, or • if the respondent is a person connected with the company, within two years prior to the onset of insolvency The onset of insolvency is: • where an administrator has been appointed by administration order, the date on which the administration application is made • where an administrator has been appointed under paragraphs 14 or 22 of Schedule B1 to the Insolvency Act 1986 (IA 1986), following filing with the court of a copy of a notice of intention to appoint, the date on which the copy of the notice is filed • in other circumstances where administration has occurred, the date when the administration takes effect • where a winding up either follows conversion of administration into winding up or at the time when the appointment

The company must have entered into a transaction at an undervalue (TUV) in the two years preceding the onset of insolvency being: • where an administrator has been appointed by administration order, the date on which the administration application is made • where an administrator has been appointed under paragraphs 14 or 22 of Schedule B1 to the Insolvency Act 1986 (IA 1986) following filing with the court of a copy of a notice of intention to appoint, the date on which the copy of the notice is filed • in other circumstances where administration has occurred, the date is the date when the administration takes effect • where a winding up either follows conversion of administration into winding up or at the time when the appointment of an administrator ceased to have effect, the date on which the company entered administration (or, if relevant, the

The risk-based approach (RBA) is a core concept of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. The general concept of an RBA is simple: you cannot monitor everything done by each member of staff for every client all the time. You should therefore identify where your greatest risks lie and apply your resources appropriately. Organisation-wide risk assessment You should not confuse your organisation-wide risk assessment with the RBA. If the MLR 2017 apply to your organisation, you must take appropriate steps to identify and assess your organisation’s money laundering and terrorist financing risks, ie conduct an organisation-wide risk assessment. The organisation-wide risk assessment is intended to inform your anti-money laundering (AML) and counter-terrorist financing (CTF) measures. It will enable you to take a considered RBA to devising and implementing your systems and controls where such an approach is permitted or required by

From 23 January 2024, the Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2024, SI 2024/69 amend the definition of a high-risk third country, removing Schedule 3ZA. Instead, regulation 33(3)(a) now defines a high-risk third country as a country named on either of the following lists published by the FATF as they have effect from time to time: • High-risk jurisdictions subject to a Call for Action • Jurisdictions under increased monitoring Previously, the MLR 2017 deemed a high-risk third country a country which has been specified in the MLR 2017, Schedule 3ZA. Countries not included in the FATF lists should not automatically be considered to have effective AML, CTF and counter-proliferation financing systems. You should assess on a risk-sensitive basis all clients established anywhere in the world. See further, Practice Note: High-risk third countries tracker. This Q&A explores the concept of third country risk in relation to AML, CTF and counter-proliferation financing and provides guidance on how to assess it. What is third-country

This Practice Note explains the 'two-stage tendering' approach commonly used to procure construction projects. Many employers use two-stage tendering to involve contractors at an earlier stage. It enables the employer and the selected contractor to work in collaboration during the second stage, with the contractor able to input on the design, buildability and value engineering aspects of the project whilst arriving at its final price for the works. Two-stage tendering is most commonly used in the tendering of lump sum contracts, both traditional and design and build. How does it differ from traditional single stage tendering? Two-stage tendering is increasingly being used as an alternative to the traditional single stage tender approach. Single stage tendering requires contractors to submit their tender for a project based on a design, shown by drawings and a specification or, if design and build, by the employer’s requirements and a programme. Based on the tenders received, the employer then selects the contractor that it wishes to appoint and with whom it will then enter into the building contract. The contractor therefore

Template for discharging a section 106 agreement Please see our Precedent s 106A deed of variation/supplemental agreement. Time period applicable to the discharge of obligations under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) TCPA 1990, s 106 does not deal with any time period within which the obligation(s) should be discharged. Since an obligation

Advertising and marketing activities can be divided into three categories—above the line (ATL), below the line (BTL) and through the line (TTL) advertising. ATL means advertising activities which have a mass dissemination to the public in general and are largely untargeted, where general media (press, magazines, television, cinema and on radio) are used to promote and reach out to the audience in a broad manner. Examples include