These articles are provided for general interest and information only. They do not constitute legal advice. Whilst every effort is made to ensure that the content accurately reflects the law in England as at the date of preparation, no liability is accepted for any loss or damage arising from any act or omission resulting from any information contained herein.
Under the Countryside and Rights of Way Act 2000, there is a general right of access to ‘access land’. Access land is land that is specifically accessible to the public under an enactment or land which is not ‘excepted land’.
The main categories of excepted land are:
· land used for a park, aerodrome or golf...
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In a decision which Lord Justice Wilson said made him ‘profoundly uncomfortable’, the Court of Appeal has ruled that the adoption process is final. This means that children who are adopted after they have been removed from their biological parents cannot be returned to them, even if it is subsequently discovered that the parents were incorrectly accused of harming them.
The...
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The Housing Act 2004 contains provisions for the protection of tenants’ deposits in England and Wales.
Tenancy deposit protection schemes were introduced in 2007 to protect residential tenants from unscrupulous landlords who would retain their deposits without good reason. In theory, the penalties for landlords who do not comply are severe and can include paying the tenant three...
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The Court of Appeal has issued a ruling relating to residence orders that will have implications for a number of divorced couples.
The case dealt with a child whose divorced parents had a shared residence order over her.
The girl’s mother wished to move from London to Chew Magna, near Bristol, where she had been offered a job. The girl’s father, a Serb, claimed the move...
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When the court makes a shared residence order relating to the children of a divorced couple and one of the couple is homeless, does that then make that parent a ‘priority need’ case for social housing?
The House of Lords recently considered this question and concluded that, in such circumstances, the answer is ‘no’.
The case arose when a father was ordered...
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There are changes ahead for charities as the second wave of measures introduced under the Charities Act 2006 comes into force in October 2009.
One important change is the creation of ‘exempt’ charities, which will not be registered with or governed by the Charity Commission. These will be larger public institutions with charitable ends, such as museums and...
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Since 2004, it has been possible for individuals to donate some or all of any tax repayment to a chosen charity.
Participating charities have signed up with HM Revenue and Customs (HMRC) and been allocated a unique code, which is then entered in the relevant box on the tax return. A list of these charities is available on the HMRC
Copyright of written and other visual material is an automatic right and does not have to be applied for: it lasts for 70 years after the owner or creator of the copyright has died. Because it is an automatic right, there is no register of copyright. This means that it can be difficult to discover who is the ‘right holder’ of the copyright if you wish to republish...
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Although the Government claims to be committed to helping hard-pressed homeowners who face problems with their mortgages, the recent and much-trumpeted pre-action protocol, which aims to encourage compromise between lenders and those at risk of repossession, is proving to be less effective than hoped.
Lenders who do not follow the protocol face no sanction and there is no requirement for...
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Pre-nuptial agreements are persuasive, not binding, in English Law and look set to remain that way for the foreseeable future, following a decision by the Privy Council, which stated that ‘the validity and effect of ante-nuptial agreements is more appropriate to legislative rather than judicial development’.
The decision not to enforce a pre-nuptial agreement was taken by the...
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