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CHAPTER ONE – RISK MANAGEMENT “Simple Procedure is supposed to be simple and not difficult.”; – Lord Carloway, Cabot Financial (UK) Ltd v Ryan Bell, 21st November 2023 “The angst of a litigation is inversely proportional to its value”; – a (cynical but shrewd) specialist sheriff in the All Scotland Sheriff [...] -
CHAPTER ONE – AN INTRODUCTION TO RENT REPAYMENT ORDERS IN ENGLAND A rent repayment order (“RRO”) as discussed in this book is essentially what the name suggests it would be: an order usually requiring rent to be repaid by a landlord usually to their tenant or tenants. In simple terms, if [...] -
CHAPTER ONE – SECTION 95(1) SUPPORT OF THE IMMIGRATION AND ASYLUM ACT 1999 We will address in this chapter the provision of accommodation and financial support to asylum-seekers and their dependants in England and Wales by the Home Office, under section 95(1) (hereinafter referred to as s95(1)) of the Immigration and [...] -
CHAPTER ONE – INTRODUCTION: TYPES OF CAR FINANCE AGREEMENTS In the context of car purchasing, a customer usually purchases the car from a car dealership and the car dealership offers to find car finance on behalf of the consumer. Car dealers (brokers) must generally be an authorised representative for these purposes [...] -
CHAPTER TWO – PLANNING CONTROL AND ENFORCEMENT In considering the power to seek a planning injunction, it is important to first understand the scope of planning control and how a breach of planning control might arise. An important first step for the LPA is to identify whether there is an actual [...] -
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 [...] -
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. [...] -
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 [...] -
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 [...] -
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 [...]