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NEWS
Wild Justice, a conservation group, filed an application for judicial review in the High Court on 11 June 2025, challenging a claim made by the Deputy Prime Minister, Angela Rayner, in April 2025 that the Planning and Infrastructure Bill would not reduce environmental protections. Wild Justice argues that Rayner failed to provide a legal rationale for her statement and intends to challenge it on the grounds that it is either legally incorrect or irrational. The challenge, supported by a legal opinion from expert planning barristers, contends that the Bill weakens existing environmental protections by removing the requirement to prove—beyond reasonable scientific doubt—that a proposed development will not adversely affect a protected site. The Office for Environmental Protection, named as an interested party in the claim, has also criticised the Bill, describing it as a ‘regression’ for environmental protections in law.
PRACTICE NOTES
Wildlife offences Offences in respect of damage to wildlife are provided for principally by the Wildlife and Countryside Act 1981 (WCA 1981) along with the Food and Environment Protection Act 1985, the Wild Mammals (Protection) Act 1996, the Deer Act 1991, the Pests Act 1954, and the Poisons Act 1972. Additionally there is EU and domestic legislation which has been passed in accordance with the Convention on International Trade in Endangered Species of Wild Flora and Fauna and which is relevant to the cross-border trading of wild animals and plants. See Practice Notes: Species Protection and Illegal wildlife trade. The National Wildlife Crime Unit is a strategic police unit that sits above force-level wildlife crime enforcement. Its functions are to co-ordinate enforcement activity in relation to cross-border and organised crime both nationally and internationally, to collate intelligence and to produce analytical assessments. The CPS prosecute these offences. Summary prosecutions must be brought within six months of the date of knowledge of the offences and in any event no later than
PRACTICE NOTES
Introduction: what is a wildlife licence? A wildlife licence grants permission to the licence holder to carry out work that may affect protected species of animals and plants. It permits an activity that would otherwise be illegal. If a person carries out an activity affecting protected species without the necessary licence, they may commit a criminal offence. Depending on the offence and the legislation involved, penalties may include an unlimited fine, imprisonment, or both. The use and provision of licences to protect wildlife and nature is well established in international law and is reflected in international and European nature conservation instruments on which domestic wildlife legislation is based, including the Birds Directive, the Habitats Directive and the Bern Convention. For more information, see the following Practice Notes: • EU Birds Directive 2009/147/EC • EU Habitats Directive 92/43/EEC • Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention)—snapshot There are three types of licence issued in the UK—general, class and individual. There are also organisational licences and in certain parts of England, specific licences are
GLOSSARY
Wilful killing describes the intentional and unlawful causing of another person’s death, typically involving a deliberate act rather than accident or negligence. In practice across England and Wales, Scotland, Northern Ireland and Ireland, it is most commonly used as a descriptive term covering conduct that constitutes murder or, in some contexts, the most serious forms of manslaughter or culpable homicide.The expression “wilful killing” is not itself the primary statutory label for homicide offences, but appears in legislation (for example, in war crimes, international criminal law, and human rights instruments) and in case law when distinguishing intentional killing from reckless or negligent killing. It is also used in inquest, coronial and fatal accident proceedings, and in human rights litigation (e.g. Article 2 ECHR) when assessing whether state agents or others intentionally caused death.Key legal features are intention to kill (or, in some contexts, to cause really serious harm) and absence of lawful justification, such as self-defence. Usage and underlying concepts are broadly consistent across the UK and Ireland, though specific offence labels and statutory frameworks differ by jurisdiction.
PRACTICE NOTES
This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial agreements, including the terms: abandonment; wilful misconduct; and deliberate default. It considers how these terms have been interpreted via case law and includes tips for parties when drafting and negotiating commercial agreements. What is an exclusion or limitation of liability clause? An exclusion clause is a contractual term which sets out exclusions upon liability. It is sometimes referred to as an exemption clause. A limitation of liability clause is a contractual term which sets out limitations upon liability. Both of these types of clauses are subject to statutory and common law controls. For more on those general controls, see Practice Note: Exclusion and limitation of liability and for an example limitation of liability clause, see Precedent: Limitation of liability clause. What do the terms used in these types of clauses mean and why is this important? The terms used in an exclusion or limitation of liability
NEWS
Law360: The trustee for the pension plan of Wilko, the homewares retailer that has collapsed into administration, has said that the retirement scheme will be assessed by the Pension Protection Fund (PPF) for future retirement compensation.
GLOSSARY
A legal document in which the testator (or testatrix) declares their intention as to what should happen to their estate after their death, and which is executed in accordance with certain legal formalities.
PRECEDENTS
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. I, [insert full name], residing at [insert full address], in order to settle the succession
PRECEDENTS
I, [insert full name], residing at [insert full address], in order to settle the succession to my estate on my death provide as follows: 1 Revocation I revoke all prior testamentary writings and instruct their destruction. 2 Domicile I declare that notwithstanding the place of my residence now or at the date of my death, 2.1 my domicile is Scottish; 2.2 I am a UK national; 2.3 Scotland is the country with which I have the closest connection; and 2.4 I elect that the law governing the succession of my estate as a whole shall be Scots Law. 3 Executors and Trustees I appoint as my executors and trustees [insert full name], residing at [insert full address], and [insert full name], residing at [insert full address] (hereinafter referred to as "my trustees"). 4 Legacy Provision Unless otherwise specified, any legacy granted by any writing shall be paid or made over as soon as my trustees consider practicable after my death, free of expenses and of government taxes payable on my death,
PRECEDENTS
I, [insert full name], residing at [insert full address], in order to settle the succession to my estate on my death provide as follows: 1 Revocation I revoke all prior testamentary writings and instruct their destruction. 2 Domicile I declare that notwithstanding the place of my residence now or at the date of my death, 2.1 my domicile is Scottish; 2.2 I am a UK national; 2.3 Scotland is the country with which I have the closest connection; and 2.4 I elect that the law governing the succession of my estate as a whole shall be Scots Law. 3 Executors and Trustees I appoint as my executors and trustees [insert full name], residing at [insert full address], and [insert full name], residing at [insert full address] (hereinafter referred to as "my trustees"). 4 Legacy Provision Unless otherwise specified, any legacy granted by any writing shall be paid or made over as soon as my trustees consider practicable after my death, free of expenses and of government taxes payable on my death, but without
PRECEDENTS
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also Finance Act 2025. STOP PRESS relating to changes to agricultural property relief and business property relief: At Autumn Budget 2024 on 30 October 2024, the government announced the reduction of the amount of APR and BPR on qualifying property from 6 April 2026.
PRECEDENTS
I, [insert full name], residing at [insert full address], in order to settle the succession to my estate on my death provide as follows: 1 Revocation I revoke all prior testamentary writings and instruct their destruction. 2 Domicile I declare that notwithstanding the place of my residence now or at the date of my death, 2.1 my domicile is Scottish; 2.2 I am a UK national; 2.3 Scotland is the country with which I have the closest connection; and 2.4 I elect that the law governing the succession of my estate as a whole shall be Scots Law. 3 Executors and Trustees I appoint as my executors and trustees [insert full name], residing at [insert full address], and [insert full name], residing at [insert full address] (hereinafter referred to as ‘my trustees’). 4 Legacy Provision Unless otherwise specified, any legacy granted by any writing shall be paid or made over as soon as my trustees consider practicable after my death, free of expenses and of government taxes payable on my death, but without interest. 5 In the