It is assumed that this query relates to habitats in England. Defining priority habitats Priority natural habitat is defined under the Habitats Directive 92/43/EEC (Habitats Directive) as being: ‘…natural habitat types in danger of disappearance, which are present on the [European territory] and for the conservation of which the Community has particular responsibility in view of the proportion of their natural range…’ In contrast, under the Natural Environment and Rural Communities Act 2006 (NERCA 2006), a priority habitat is any habitat published on the ‘list of the living organisms and types of habitat which in the Secretary of State's opinion are of principal importance for the purpose of conserving biodiversity’. Relevant Legislation The legislation relevant to a priority habitat will depend both on the nature of the habitat itself and the

Access to Private Land to Reach Highway Land—Available Legislative Tools (England & Wales) Where a local authority (acting as highway authority) needs to cross private land to access adjoining highway land and consent cannot be obtained, the options are limited. The appropriate route will depend on the purpose of entry and the nature of the works. Broadly, the authority may rely on: • statutory powers of entry under the Highways Act 1980 (HiA 1980) (for specific purposes only); or • compulsory acquisition of land or rights (including access rights) where ongoing or construction access is required 1. Statutory Powers of Entry under the HiA 1980 The HiA 1980 provides certain defined entry powers, but these are purpose-specific and not general rights of access. (a) Entry for surveying purposes Under HiA 1980, s 289, a highway authority may authorise entry onto land for the purpose of surveying it in connection with

The case of Bridgerow Ltd, R (on the application of) v Cheshire West and Chester Borough Council [2014] EWHC 1187 (Admin) arose after the local authority of Chester refused to renew the licence for a lap dancing venue named Platinum Lounge. Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), as amended by section 27 of the Policing and Crime Act 2009 (PCA 2009), introduced a new category of sex establishment called a 'sexual entertainment venue', in addition to the existing categories of 'sex shop' and 'sex cinema'. Sex establishments are defined by LG(MP)A 1982, Sch 2. There are four categories of sex establishments: • sex shops • sex cinemas • sexual entertainment venues • hostess bars Each category of licensed premises permits the following activities: sexual entertainment venues (SEVs)—to provide sexual entertainment, eg lap dancing, peep show, live sex show, strip show, to a live audience

The Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) sets out the conduct and steps the court will normally expect the parties to take before commencing proceedings. It is of general application and should be adhered to in all cases in which there is not a specific Pre-Action Protocol in force. The Practice Direction, para 18 sets out the protocols that are in force and which apply to particular types of case (for example personal injury, defamation and disrepair). There are a number of other protocols which have been developed by specialist associations, such as the Boundary Dispute Protocol. Where there is no specific

This Q&A does not specify whether a judgment and/or charging order have already been obtained or whether there is an intention to issue proceedings with a view to obtaining a judgment, charging order and then order for sale. Pre-issue The Pre-Action Protocol for Debt Claims (the Debt Protocol) applies to claims by businesses (including public bodies) against individuals (including sole traders) for the payment of a debt. However, it explicitly does not apply: • if the debt is covered by another specific pre-action protocol, or • to

The general position is that costs rules applicable to a particular track will apply, even pre-allocation, unless the court or a practice direction provides otherwise: • CPR 46.11(2) provides: 'once a claim is allocated to a particular track, those special rules shall apply to the period before, as well as after, allocation except where the court or a practice direction provides otherwise' • CPR PD 46, para 7.1(2) provides: 'where a claim has been allocated, the special rules which relate to that track will apply to work done before as well as after allocation save to the extent (if any) that an order in respect of that work was made before allocation' CPR

Section 224(1) of the Town and Country Planning Act 1990 (TCPA 1990) enables regulations made under TCPA 1990, s 220 to also make provision enabling for local planning authorities (LPAs) to require the removal of advertisements displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site used in contravention of the regulations. TCPA 1990, s 224(3) provides that, without prejudice to any provisions

Claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976 When the victim of a personal injury action has died prior to trial, claims can be brought under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) for the benefit of the deceased’s estate, and under the Fatal Accidents Act 1976 (FAA 1976) on behalf of the dependents of the deceased. These claims can be pursued separately, but are often brought in tandem. A claim brought for the benefit of the deceased’s estate is founded on the continuation of the cause of action to which the deceased was entitled the instant before they died. Such a claim can be brought for general damages for the deceased’s pain, suffering and loss of amenity before death. The award of these damages is intended to compensate the claimant for the pain and suffering

See Practice Note: IHT—nil rate band (NRB) and transferable NRB and IHT—calculation of nil rate band and transferable NRB which set out how the available basic nil rate band (NRB) and transferable NRB (TNRB) are calculated and claimed on a death. In particular, note that the TNRB is calculated as a percentage of the NRB that was unused by the first spouse’s estate and applies for deaths of the surviving spouse on or after 9 October 2007. They also contain some examples which you may find helpful. In this case, the first spouse (B) died in 1985, which is before

The potential causes of action in a case of this nature are highly complex. They include possible claims: • for personal injury within the tort of negligence • for damage to property within the tort of negligence • in relation to the law of bailment • for breach of contract, including pursuant to the term implied into any contract for services by section 13 of the Supply of Goods and Services Act 1982 • for breach of statutory duty under the Congenital Disabilities (Civil Liability) Act 1976 (CD(CL)A 1976) or the Human Fertilisation and Embryology Act 1990 (HFEA 1990) • for breach of the Human Rights Act 1998 and in particular the right to family life The usual limitation periods would apply to

In general, an employer has both a common law and statutory duty to ensure the safety of their employees. See: Employer’s liability—overview and Practice Notes: The employer's duty of care and Key workplace health and safety regulations for PI lawyers. Since the commencement of the Enterprise and Regulatory Reform Act 2013, civil

If alcohol is sold, compliance with alcohol licensing requirements must also be met. See Practice Note: Licensing of alcohol and entertainment for further information on this point. For the purposes of this Q&A we have assumed that this question does not relate to compliance with food safety and hygiene registration requirements, see News Analysis: Food for thought for further information on