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CHAPTER ONE – THRESHOLD FOR MAKING AN APPLICATION Despite the wording of s.1(2) of the Act which provides that “any person may apply to the High Court for a declaration that the missing person is presumed to be dead.”, the Act does not confer a general right upon any person to [...] -
CHAPTER ONE – INTRODUCTION: THE EQUALITY ACT 2010 IN THE SCHOOL CONTEXT The legal framework Primary legislation The Equality Act 2010 (“EqA”) came into force on 1 October 2010, consolidating and strengthening a patchwork of pre-existing anti-discrimination laws. It provides a single legal framework to promote equality and to protect individuals [...] -
CHAPTER TWO – OUR STARTING POINT – PUPILS WITH SPECIAL EDUCATIONAL NEEDS AND/OR DISABILITIES (SEND) Section 20 Children and Families Act 2014 We will start by setting out the definition of SEND under the existing legislation, now ten years old which followed a major review of SEND law: (1) A child [...] -
CHAPTER ONE – THE INDEMNITY PRINCIPLE When applied in the most basic terms, the principle of indemnity ensures that another entity (often the insurer, but sometimes the MIB) will step into the shoes of the fault party/tortfeasor (often the driver, but sometimes the policyholder) to meet the claim of the wronged [...] -
CHAPTER TWO – HOW TO ASSESS THE LENGTH OF A MARRIAGE 2.1 How short is a ‘short marriage’? There is no statutory definition of a short marriage, and as such, it is necessary to refer to the relevant case law. It is generally accepted that a marriage of less than [...] -
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 [...]