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CHAPTER ONE – THE CORRECT PARTIES Who is the tenant? This may seem an obvious question, but it is surprising how easy it is to make a mistake. Given that the action is contractual in nature, identification of the contracting party or parties is essential. The best indication will come from [...]
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CHAPTER ONE – WHAT IS COMMON LAND? This chapter describes what Common Land is. A Right of Common Typically, common land is understood to refer to land over which rights of common are exercised. As was helpfully set out by Winn LJ in Beckett (Alfred F) Ltd v Lyons [1967] Ch. [...]
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CHAPTER ONE – INTRODUCTION TO FACT FINDS IN CHILDREN ACT PROCEEDINGS Finding of Fact hearings are essentially a mini trial in the proceedings. The court must consider the relevant allegations that are in dispute, and evidence in support by one or both parties. The relevant allegations are put to the court [...]
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CHAPTER ONE – INTRODUCTION Ecologists tolerate margins of error that would give aeronautical engineers heart palpitations. Nature is complex, unpredictable and quite often wholly uncontrollable. While policy-based biodiversity net gain (“BNG”) regimes are decades-old, why, until now, was there no equivalent in law?[1] Is it possible to achieve the [...]
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CHAPTER THREE – THE FIVE PRINCIPLES A distinctly innovative part of the 2000 Act was the adoption of a set of broad principles in order to apply them to:- “any intervention in the affairs of an adult under or in pursuance of this Act, including any order made in or for [...]
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CHAPTER TWO – WHAT IS QUANTUM COMPUTING? Terminology Before delving into the intricacies of quantum computing, we must first address a matter pertaining to the nomenclature utilised in this text. At various points, by way of comparison, we will refer to a “classical computer”, meaning the computers that we are familiar [...]
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INTRODUCTION “It is incidental to the authority of a headmaster to expel from the school over which he presides any scholar or student whose conduct is such that he cannot any longer be permitted to remain without danger to the school. This is not a power to be exercised arbitrarily—it [...]
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CHAPTER ONE – AN INTRODUCTION TO FOOD LAW TERMS Introduction The term ‘food law’ covers a wide range of topics. It includes legal concepts of safety, hygiene and labelling, and broader policy issues including health, food security and sustainability. This chapter focusses on some of the main terms and concepts that [...]
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FOREWORD TO THE THIRD EDITION I am delighted to have been asked to write a foreword to the 3rd edition of Dominic Bright’s book “a practical guide to the small claims track”. I have read the book to write this foreword, and it does exactly what it says, namely provide [...]
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CHAPTER FIVE – HUMAN TRAFFICKING Overview Sections 2 (human trafficking) and 3 (exploitation) of the Modern Slavery Act 2015 (‘MSA 2015’) set out the offence of human trafficking. The provisions replaced the previous trafficking offences covered by s.4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 (‘AAI(TOC)A 2004’) [...]