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Administrative Court: Practice and Procedure

Edition: 1st 2007

Author: General Editor: Beverley Lang, QC
Consultant Editor: David Pannick, QC
Consultant Editor: Lord Lester of Herne Hill

ISBN: 042190500X / 9780421905009

Publishers: Sweet & Maxwell

Price £175

Publication Date: 22/08/2006

Publisher's Title Information: 22/08/2006


Administrative Court: Practice and Procedure is a detailed practice manual that gives practitioners dealing with the Administrative Court access to highly authoritative guidance on the procedures involved in bringing a case before the court.
Written by authors with unparalleled experience and authority in this field, it provides the assurance that procedures will be followed correctly, identifies areas where problems can occur, and supplies a wealth of practical tools to ensure smooth running of cases.
Provides best-practice guidance on all procedural matters relating to the Administrative Court
Covers in full the processes and procedures of judicial review
Deals with procedures for all other aspects of the court's workload (statutory appeals, statutory applications, case stated, etc)
Includes practical advice on how to negotiate the procedures effectively
Features a comprehensive set of court forms
Analyses relevant case law
Sets out all relevant legislation, procedural rules and practice directions
Contents
1. Introduction and overview
Supreme Court Act 1981, RSC O.53, the Crown Office and the Divisional Court, replaced by CPR Pt 54, the Administrative Court Office and the Administrative Court. Sources of information about practice and procedure (books and internet sites).
2. Overview of the jurisdiction of the Administrative Court.
Judicial review (when is it appropriate to proceed by way of judicial review rather than by claim to the QBD), statutory appeals and applications, case stated.
3. The Administrative Court and the Administrative Court Office
Structure, Judges, personnel, how they operate
Master of the Crown Office
Practice Directions
A Judicial review
4. Pre-action procedure
Pre-action protocol, timing and delay, identifying appropriate claimant/s with sufficient interest, group claims, identifying appropriate defendant/s, interested parties, identifying the decision to be reviewed, alternative remedies, funding.
5. Commencing a claim
Contents of claim form, evidence in support, human rights and devolution issues, accompanying documents, preparation of bundle, urgent applications.
6. Acknowledgment of Service
Purpose, contents, application for directions, effect of failing to file an acknowledgment of service
7. Determination of the application for permission
The test applied, procedure, renewal of permission application, listing, adjournment, transfer to another division of High Ct., costs.
8. Interim relief
Injunctions, declarations, stays, bail
9. From permission to the hearing
Defendant's detailed statement of grounds and evidence, Claimant's evidence in reply, evidence, case management, disclosure, cross examination, preparation of documents for the hearing.
10. Settlement/discontinuance of claim
11. The hearing
Listing, procedure at the hearing, costs
12. Remedies
13. Appeals
14. References to the European Court
15. Procedural table for judicial review claims
(quick reference guide, similar to tables in Atkins Court Forms & Supperstone and Knapman)
16. Relevant legislation & CPR, pre-action protocol
17. Court Forms and precedents
18. Practice Directions
B Statutory Appeals
19. Introduction, overview, and schedule of statutory appeals to Administrative Court, listing governing legislation and procedural provisions.
20. Procedure for appeals to a single Judge of the Administrative Court.
21. Procedure for appeals to the Divisional Court.
22. Relevant legislation
23. Relevant procedural rules and practice directions
24. Court forms and precedents
C Statutory applications
 25. Schedule of statutory applications to Administrative Court, listing governing legislation and procedural provisions.
26. Procedure for applications to a single Judge of the Administrative Court.
27. Procedure for Appeals to the Divisional Court.
28. Relevant legislation
29. Relevant procedural rules and practice directions
30. Court forms and precedents
D Case Stated
31. Case stated by Magistrates
32. Case Stated by Crown Court
33. Case Stated by Minister, Tribunals and Other Persons
34. Relevant legislation
35. Relevant procedural rules and practice directions
36. Court forms and precedents



Civil Evidence: The Essential Guide

Series: Practitioner Series

Edition: 1st

Author: Martin Iller

ISBN: 0421947101

Publishers: Sweet & Maxwell

Price £69

Publication Date: 30th June 2006

Publisher’s Title Information


This book looks at the subject of civil evidence from the perspective of the busy practitioner. It is highly practical in focus, helping practitioners use the rules and procedures efficiently and effectively.
It helps answer the key questions frequently asked by those involved in civil actions, such as: How do I prove facts and what can I do to make the most of them? What evidence is vulnerable to exclusion? How can I ensure my opponent is providing full disclosure? How will I present the case at trial? How do the Civil Procedure Rules and the European Convention affect evidential issues?
* Deals with the rules and procedures relating to civil evidence from a practical perspective
* Covers factual, hearsay, oral, expert and opinion evidence as well as evidence in the form of witness statements
* Shows how to prove facts and what can be done to make the most of them
* Identifies what evidence is vulnerable to exclusion or inadmissible, and covers private and public interest immunity, legal professional privilege and without prejudice communications
* Provides advice on how to ensure an opponent is providing full disclosure
* Shows how best to present evidence at trial
* Incorporates diagrams, bullet points and summaries to help the reader understand and retain important or complex information more easily

Contents

What this book is about.  The impact of the European Convention of Human Rights and the Human Rights Act 1998. Basic case analysis.  Proving material facts: the fundamental rules. Hearsay and the Civil Evidence Act 1995.  Evidence in interim applications.  Disclosure, private and public interest immunity.  Opinion evidence and experts.  Witness statements: CPR 32.  Other case management directions concerning admission of evidence.  Examination at the trial.  Evidence before other courts and tribunals.


Civil Actions against the Police

Edition: 3rd 2004, with 2005 Supplement

Authors: Richard Clayton, Hugh Tomlinson, Edwin Buckett
& Andrew Davies

ISBN: 0421944706

Publishers: Sweet & Maxwell

Price £211

Publisher’s Title Information


Civil Actions against the Police provides comprehensive analysis of the civil rights and remedies for police misconduct. It covers complaints against the police as well as the practice and procedure of bringing a claim.
It provides detailed explanation on the traditional tort actions that may be brought against the police as well as the developing tort of misfeasance in public office and claims in breach of confidence and data protection.
* Covers all possible actions against the police in one place
* Provides detailed procedural guidance - ensuring practitioners have all the information they need when preparing a civil action
* Includes all the relevant documents - including PACE Codes and JSB Specimen Directions
* Covers damages and other remedies
* Includes new chapters on Negligence, Discrimination Claims and Human Rights Act Claims

Contents
Introduction: Policing and the Citizen. The Legal Status and Organisation of the Police. The Legal Status and Organisation of the Police. Complaints Against the Police. Practice and Procedure. Traditional Tort Actions . International Torts to the Person. Police Powers over the Person: Arrest, Detention and Other Miscellaneous Powers. Interfering with Land and Goods. Lawful Justifications for Entry, Search and Seizure. Malicious Prosecution and Related Actions. Other Actions and Remedies. Police Surveillance and Information GatheringIntroduction. Negligence. Misfeasance and other Civil Actions. Discrimination Claims. Judicial Review of Police Decisions. Damages. Other Remedies. The Human Rights Act.

Previous Reviews
As well as being lucid and well-organised, the legal analysis which the authors bring to their work is of a consistently high quality.
Civil Justice Quarterly
For all lawyers involved in such cases, access to this book is a must.
Legal Action
"It has been most impressively researched. Like its predecessors, it will surely prove indispensable to academics and practitioners alike."
The Police Journal
"...a must for anyone interested in this area."
Student Law Journal
"...a definitive source of reference."
The Barrister
"...the third edition has built upon the respected reputation of its predecessors and is fully-up-to-date with the latest Acts of Parliament and leading authorities."
The Barrister
"...those familiar with earlier editions of the work will not be disappointed."
New Law Journal
”The book is beautifully presented in quality binding and though expensive, as ever you get what you pay for."
New Law Journal
"a great addition to a chambers' library"
The Barrister



Civil Actions Against the Police First Supplement to the Third Edition

The First Supplement to Civil Actions Against the Police deals with the exten­sive developments in statute law, regulations and case law since the publication of the Third Edition. The areas covered include:

The far-reaching and controversial changes to police powers brought about by Part 3 of the Serious Organised Crime and Police Act 2005, with numer­ous amendments to both the Police and Criminal Evidence Act 1984 and the Police Reform Act 2002 and including fundamental re-casting of powers of arrest without warrant

The new complaints system including the Police (Conduct) Regulations 2004 and Police (Complaints and Misconduct) Regulations 2004 and the new Draft Statutory Guidance, Making the New Police Complaints System Work Better

The House of Lords decision in O'Brien v Chief Constable of South Wales, on the admissibility of similar fact evidence in police cases

The detailed analysis of the relationship between the tort of false imprisonment and the right to liberty under Article 5 of the ECHR and of police powers in relation to breach of the peace in Austin v Commissioner of Police for the Metropolis

The important police negligence decisions by the Privy Council and the House of Lords in Attorney-General v Hartwell and Brooks v Commissioner of Police for the Metropolis

A series of Court of Appeal decisions relating to police powers of arrest and detention including R (Laporte) v Chief Constable of Gloucestershire Constabulary, Taylor v Chief Constable of Thames Valley Police, Cumming v Chief Constable of Northumbria Police and Al-Fayed v Commissioner of Police for the Metropolis

The decision of the Court of Appeal in Wood v Chief Constable of the West Midlands Police dealing with the availability of the defence of qualified privilege in libel cases against the police

The Supplement also contains an Appendix setting out the wide-ranging amend­ments to the Police and Criminal Evidence Act 1984 since the publication of the Third Edition.


REVIEW

Introduction

This book is the first choice book for criminal law barristers and solicitors; police training establishments; lawyers employed by local authorities; regulators; civil rights non-governmental organisations; students; law lecturers and university reference libraries. It is compulsory reference material in any civil action against the police and it focuses on the interplay between civil and criminal law. There is detailed guidance on the most common torts - false imprisonment, malicious prosecution and misfeasance - and clear analysis of developing causes of actions against the police such as negligence, privacy, discrimination and claims under the Human Rights Act.

 Why a book about civil actions against the police?

 Because there are a range of police problems that need addressing, such as excessive use of physical force; discriminatory patterns of arrest; patterns of harassment of the homeless, youth, racial minorities and gays, including aggressive and discriminatory use of the "stop-and-search" and overly harsh enforcement of petty offences; sometimes  verbal abuse of citizens, including racist, sexist and homophobic slurs; discriminatory non-enforcement of the law, such as the failure to respond quickly to calls in low-income areas and half-hearted investigations of domestic violence, rape or hate crimes; illegal spying on political activists; employment discrimination  in appointment of police officers, promotion and assignments, and internal harassment of minority, women and gay or lesbian police personnel; use of a  "code of silence" or "sending to Coventry" and retaliation against officers who report abuse and/or support reforms; overreaction to gang problems, which is driven by the assumption that those who associate with known gang members must be involved in criminal activity including illegal mass stops and arrests, and demanding IDs from young men based on their race and dress instead of on their criminal conduct; lack of accountability, such as the failure to discipline or prosecute abusive officers, and the failure to deter abuse by denying promotions and/or particular assignments because of prior abusive behaviour; and crowd control tactics that infringe on free expression rights and lead to unnecessary use of physical force. Police have liability under the Animals Act 1971 section2 (2) (b) if a claimant if bitten by a police dog.

The book includes these important cases-

Keegan v United Kingdom (App 28867/03) and Keegan v Chief Constable of Merseyside [2003] EWCA Civ 936  

Obtaining compensation in the European Court of Human Rights for breach of Article 8 and Article 13 following a police search. The court stated," If the police actions which are the subject of civil proceedings were purportedly done under the authority of a search or arrest warrant, then procedural difficulties may arise".

Reeves v Commissioner of Police of the Metropolis [2000] 1 A.C.360

The House of Lords considered whether intentional conduct could be within the scope of ‘fault’ in the Law Reform (Contributory Negligence) Act 1945. The deceased deliberate act of suicide gave rise to a defence of contributory negligence at common law within section 4 of the Act. This appeal concerned a claim for damages against the Commissioner following L's death whilst in custody. It was held that due to the complete control exercised over prisoners in custody by the police, there existed an exceptional duty to prevent self-harm.

Desai v Chief Constable of West Midlands, The Times, May 9, 2000.

The Court of Appeal accepted that a suspect who ignores clear warnings to come out or a dog will be sent to find him, only has himself to blame if he suffers injury as a result. More difficult questions arise when the dog is a police dog trained to act in an unusually fierce way, as in Gloster v Chief Constable of Greater Manchester Police [2000] P.I.Q.R, P11.
Osman v UK [1999] 1 F.L.R.193

A leading case in human rights law. This case involved a tragic set of circumstances in which the obsessive former teacher of a 15 year old boy, ultimately wounded his pupil and killed the boy's father. The European Court of Human Rights stated that Article 2 places a positive obligation on the State "to take operational measures to protect an individual whose life is at risk from the criminal acts of another individual".

Goswell v The Commissioner of Police, unreported, April 7, 1998, CA.  This case is an important authority on damages. 

Legislation affecting civil action against the police.

The Serious Organised Crime and Police Act 2005 brought about a radical shake-up of the organisations and powers to fight major crime - most notably by creating the Serious Organised Crime Agency (SOCA). SOCA brought together the National Crime Squad, the National Criminal Intelligence Service, and parts of the customs and immigration authorities; it will have approximately 5,000 civilian staff with powers to arrest and carry out their own investigations. The Act overhauls the powers of the police officers contained in the Police and Criminal Evidence Act 1984 - in particular by introducing new 'supergrass' provisions dealing with the use of informant evidence. The Act introduces new public order offences in relation to harassment and protest. The Protection from Harassment Act 1997 is designed to tackle a wide variety of forms of harassment. In particular: Section 4 relates to putting people in fear of violence which applies if a person pursues a course of conduct which they know or ought to have known causes another to fear that violence will be used against them. Section 2 is a lower level offence where a person pursues a course of conduct which they know or ought to have known causes harassment. Section 5 relates to restraining Orders available from the criminal courts which prohibit further harassment or conduct which causes fear of violence. A breach of this order is a criminal offence.  The Protection from Harassment Act 1997 had been used to protect employees and persons from harassment, notably in connection with work that has involved the use, or treatment, of animals. The Act was primarily intended to be used to combat “stalking” but the provisions are not limited to that conduct. The amendments introduced by section 115 of the Serious Organised Crime and Police Act 2005 aim to make the legal position clearer. Section 125 of SOCPA amends the 1997 Act by inserting a new subsection 1 of the 1997 Act and it also inserts a new subsection 3A.

Section 113 of the Serious Organised Crime and Police Act 2005 states that PACE is amended as follows:-

Section 8 {power to authorise entry and search of premises) is amended as provided in subsections (3) and (4); in subsection (1), subsection (15);subsection (6)…and SOCPA section 132, on demonstrating without authorization in a designated area also makes for more cases of civil action against the police.

New Police Complaint System

The police operate on the principle that they can only carry out their duties if they have the agreement and support of the community. To ensure a good relationship between the police and the public, it is important that there is a fair and thorough system for complaining. 

Since 1 April 2004 a new independent police complaints organisation has been in place, the Independent Police Complaints Commission. For the first time, police complaints can be conducted by independent investigation teams, people complaining have more rights and the whole complaints process now has stricter standards. Complaints can be made about police officers who neglect their duty; drink on duty; use racist behaviour or language; are involved in corrupt practices; use excessive force.

All these are essential reasons for this comprehensive volume, "Civil Actions against the Police".

Sally Ramage



Serious Organised Crime and Police Act 2005

Current Law Statute Guide

Edition: 1st

Author: Rudi Fortson

ISBN: ISBN 0-421-93340-2

Publishers: Thomson, Sweet and Maxwell

Price £42

Publication Date: 02/12/2005


Publisher’s Title Information

The Serious Organised Crime and Police Act 2005 introduces wide-ranging and important changes to a variety of existing crime-fighting powers and regimes. It creates the new Serious Organised Crime Agency, broadens various law enforcement powers, and makes significant, and in some cases controversial, amendments to existing legislation. These changes and new regimes will be important for law enforcement agencies and criminal practitioners alike.

This Current Law Statute Guide includes the full text of the Act with detailed section by section with annotations. The Guide will enable all of those concerned with the criminal justice system to familiarise themselves with the Act, the new powers and duties it creates, and how it amends existing legislation.

The Act's provisions include:

The creation of the new Serious Organised Crime Agency (SOCA), which replaces the National Criminal Intelligence Service and the National Crime Squad, as well as part of HM Customs and Excise.

Amendments to the role of the Director of Public Prosecutions in relation to investigations by SOCA, including the widening of disclosure notice powers.

Fundamental amendments to police powers in the Police and Criminal Evidence Act 1984, including new powers of arrest, new search warrants and the expanded use of forensic material.

Changes to the money laundering offences in the Proceeds of Crime Act 2002, including new rules on overseas offences and unidentified offenders, and changes to the reporting obligations and procedures relating to informal disclosure and mandatory disclosure forms.

Additional powers for community support officers.

Extended harassment laws and restrictions on public demonstrations within the vicinity of Parliament.


Review

There is a lot in the Act but this review will only concentrate on parts. 

The Serious Organised Crime and Police Bill 2005 (c.15) ("the 2005 Act") received Royal Assent on the April 7th 2005.

Part 1 of the 2005 Act Establishes the Serious Organised Crime Agency.

The Serious Organised Crime Agency (SOCA) is a powerful non-departmental public body, operating at national level, and staffed by approximately 4500 civilians.

 Section 2(1) states that SOCA has the function of "preventing and detecting serious organised crime" and "contributing to the reduction of crime".  The words "prevention" and "de­tection" have the meaning attributed to them by s. 81(5) of the Regulation of Investigatory Powers Act 2000 (c.23).

One of the functions of SOCA is to tackle "organised crime", but the 2005 Act does not define the terms "organised crime" or "serious organised crime" - this is not surprising given the uncertain nature of the definition.

The 2005 Act has made a number of major amendments to the Proceeds of Crime Act 2002.

Police Powers

The changes to Police Powers will be fundamental to the police officer in the front line, the ones on the street who cannot carry a law library about with them.

Part 3 of the 2005 Act includes a number of measures in connection with police powers.

Of these ss.110 and 111 are particularly important.  When fully in force, police officers will have a general power of summary arrest for any offence s.110, but the exercise of a power of arrest is subject to (a) the conditions set out in the amendments to PACE, and (b) the revised Codes of Practice.  The Government anticipates that this will help to ensure that the powers are exercised in a re­sponsible manner, and that an arrest is proportionate to the offence under investigation. The new scheme was introduced following the PACE Review carried out in November 2002, and in the light of responses received to the Government's consultation paper Poli­cing: Modernising Police Powers to Meet Community Needs, Home Office, August 2004.  The dis­tinctions between an "arrestable offence", a "serious arrestable offence", and (colloquially) a "non-arrestable offence", have gone.

Civilian Powers of Arrest

What might be termed civilian powers of arrest are complicated.  The new arrest without warrant powers given to other persons are, 'if the offender is in the act of or suspected to be committing an indictable offence.' It is further complicated by the fact that the 'person' is also required to consider that his/her power is only exercisable if certain facts given in subsection 4 exist.

What is an indictment  and what is an indictable offence?  We have a situation where up to now a member of the public which includes a security guard or a shop detective was expected to know all the arrestable offences as listed in section 24 of the Police and Criminal Evidence Act 1984.  In the future they will need to know which offences are indictable offences.

I appreciate that very few ‘Citizen’s arrests’ are actually made but if I asked the man or woman on the Clapham Omnibus three questions their answers would range from no reply to wide and varied.

1          What was an arrestable offence?

2          What is an indictable offence?

3          How many of you have read a copy of the Serious Organized Crime and Police Act 2005?

The single biggest proposed change in this area is that an arrest will only be permissible if it appears to the individual that it’s not reasonably practicable for a police officer to make the arrest instead.  In most circumstances this is unlikely to be a significant limitation because most people would sooner a police officer make the arrest where possible, rather than get involved themselves. 

The person making the arrest must also reasonably believe that it’s necessary to prevent the suspect: causing or suffering physical injury; causing loss or damage to property; or making off.

I could draw up a list of those who need to know their powers and a reasonable understanding of the criminal process.  My list includes nurses, bus drivers, store detectives, teachers, doctors, ministers of religion, community support officers, social workers, traffic wardens and persons about to join a police force.  They will all need some sort of training or understanding of their powers.

This review is of course a tip of the iceberg, all those involved will need to study the Act in detail and this Current Law Statute Guide is very fully annotated and comes highly recommended.

 Rob Jerrard



Modern Equity

Edition: Seventeenth Edition

Author: Dr Jill E. Martin

ISBN: 0-421-79840-8

Publishers: Sweet & Maxwell

Price £30

Publication Date: 20th April 2005


Publisher’s Title Information

First published in 1935, Hanbury & Martin is recognised as the leading textbook on equity and trusts. Setting out the underlying principles which govern the law in this area, it is unparalleled in both breadth of coverage and wealth of detail.
Contains a critical commentary with full reference to materials from legal journals
Offers a wider range of coverage than other equity textbooks, in particular equitable remedies, and doctrines such as estoppel and undue influence
Details the latest reform proposals, in particular the recommendations as set down by the Law Commission
Includes coverage of the case law and legislative developments
Contents
Trusts (including charities and pension trusts). Powers. Trustees. Equitable remedies.
 Hanbury & Martin, now in its seventeenth edition, is widely recognised as the leading text in the field of trust law, providing an up-to-date and modern account of this challenging area of the law.  It is unparalleled in both breadth of coverage and wealth of detail.

This new edition has been thoroughly revised and includes:

House of Lords decisions in Tivinsectra Ltd v Yardley (on dishonest assistance in a breach of trust and on "Quistclose trusts"), Dubai Aluminium Co Ltd v Salaam (on dishonest assistance in a breach of trust and vicarious liability), Royal Bank of Scotland plc v Etridge (No 2) (on undue influence and mortgages), Campbell v MGN Ltd (on injunctions in confidence/privacy cases) and Cream Holdings Ltd v Baneijee (on section 12(3) of the Human Rights Act 1998 and interlocutory injunctions in confidence/privacy cases). Privy Council decisions in Schmidt v Rosewood Trust Ltd (on disclosure of trust documents) and Dextra Bank & Trust Co Ltd v Bank of Jamaica (on the defence of change of position). Court of Appeal decisions in Pennington v Waine (on the constitution of trusts), Oxley v Hiscock (on interests in the family home), Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (rejecting equity's supposed jurisdiction to set aside contracts for mistake) and Jennings v Rice (on proprietary estoppel and wills).

The Land Registration Act 2002 (effect on trusts of land and property rights generally), Charities Bill (overhauling the law of charity), Pensions Act 2004 (effect on trusts of pension funds), Civil Partnership Act 2004 (property

rights of same-sex couples), Enterprise Act 2002 (bankruptcy and the family home) and the Finance Act 2004 (effect of new income tax on "pre-owned assets" on Inheritance Tax planning).

Law Commission Discussion Paper on Sharing Homes (2002), Consultation Paper on Trustee Exemption Clauses (2002) and Consultation Paper on Capital and Income in Trusts: Classification and Apportionment (2004).

Authoritative, comprehensive and clearly written, Hanbury & Martin will continue to be welcomed by law students both at undergraduate and postgraduate level, and by practising lawyers.

Previous Reviews
A highly readable, comprehensive textbook.
Lex Magazine - of previous edition

PREFACE

Since the publication of the last edition in 2001 there have been many significant developments in the law of equity and trusts, with much to digest from the courts, the legislature and the Law Commission. As usual, decisions relating to the difficult topic of personal liability for involvement in a breach of trust have been prominent. The House of Lords in Twinsectra Ltd v Yardley gave further guidance on the meaning of "dishonest" in the context of liability for dishonest assistance in a breach of trust (also throwing further light on the unrelated topic of the "Quistclose trust"). Vicarious liability of a firm for a partner's dishonest assistance was the issue for their Lordships in Dubai Ahnninium Co Ltd v Salaam. Other notable decisions of the House of Lords include Royal Bank of Scotland plc v Etridge (No. 2), where further guidance was given to mortgagees in cases involving possible undue influence, and the related cases Camp­bell v MGN Ltd and Cream Holdings Ltd v Banerjee, concerning injunctions in confidence/privacy cases and the effect of s.12(3) of the Human Rights Act 1998. The defence of change of posi­tion, which features in many cases involving equity and trusts, was helpfully developed by the Privy Council in Dextra Bank

Trust Co Ltd v Bank of Jamaica, where "anticipatory reliance" was accepted as sufficient. In Schmidt v Rosewood Trust Ltd the Privy Council clarified the law on disclosure of trust documents to beneficiaries.

The Court of Appeal reviewed the authorities on proprietary estoppel arising from promises to leave property by will in Jennings v Rice, and revisited the vexed question of property disputes between unmarried couples in Oxley v Hiscock, although it seems unlikely that the principles laid down in that decision will stem the flow of litigation. There is no space here to include all the significant deci­sions of the Court of Appeal on equity and trusts over the past four years, but mention should be made of Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd, rejecting equity's supposed juridiction to set aside contracts for mistake, and Pennington v Waine, relaxing (perhaps too far) the rules on the constitution of trusts.

New legislation since the last edition includes the Land Registration Act 2002 (affecting trusts of land and property rights generally); the Enterprise Act 2002 (giving further protection to the family home in bankruptcy cases); the Pensions Act 2004 (regulating pension fund trusts); the Civil Partnership Act 2004 (bringing the property and other rights of same-sex couples who register their partnership into line with those of married couples); and the Finance Act 2004 (introducing income tax on "preowned assets", with repercussions on gifts and trusts made to avoid Inheritance Tax). In 2004 the Charities Bill was introduced, with the intention of creating a modern legislative framework for charity law. The Constitutional Reform Bill as originally drafted would have abolished the historic office of Lord Chancellor, but, after much resistance, it was amended so as to preserve the office, although with a more limited role.

Finally, relevant publications of the Law Commission should be mentioned. The long-awaited consultation paper on the property rights of unmarried couples turned into a disappointing Discussion Paper in 2002 (Sharing Homes), making no specific proposals for reform. In the same year the consultation paper Trustee Exemption Clauses was published, and in 2004 a consultation paper on Capital and Income in Trusts: Classification and Apportionment, provisionally proposing abolition of equity's old rules on apportionment and the introduction of a statutory power of allocation, enabling trustees to allocate trust receipts and expenses to capital or income so far as necessary to discharge their duty to maintain the balance between capital and income beneficiaries. Other reform proposals include the Inland Revenue's consultation document (2004) concerning the simplification and modernisation of the taxation of trusts

Jill Martin Lincoln's Inn March 1, 2005



Local Authority Alcohol and Entertainment Licensing

Author: Philip Hyde

ISBN: 0421877804

Publishers: Sweet & Maxwell
Price £75

Publication Date: 20/04/2005
The Licensing Act 2003 makes fundamental changes to liquor and entertainment licensing law, shifting responsibility for issuing licenses from magistrates to Local Authorities, and also changing the conditions for approval.
This is a detailed guide to this new alcohol and entertainment licensing regime, providing a practical tool for navigating its complexities and putting them into practice.
* Sets out the new approval procedures
* Explains the new conditions for approval - and how they have changed from before
* Focuses specifically on the changes brought about by the new Act rather than licensing matters more generally
* Includes relevant text of the Act cross-referenced to commentary on the main changes
CONTENTS
Premises Licensing.

 Personal Licensing.

Flexible Opening Hours.

 Appeal Procedures.

Sanctions.

Issuing bodies.
 


Review

Solicitor Philip Hyde is the Editor of “Local Authority Licensing and Registration” a loose-leaf two volume encyclopaedia on the varied licensing and registration functions of local authorities.  That tome was written with local authorities, their members, legal advisers and other officers in mind.  This work, "Local Authority Alcohol and Entertainment Licensing", written after the passing of the Licensing Act 2003, has the same aim.

Comprising 633 pages of which 447 pages contain the primary and secondary legislation and the Guidance issued by the Secretary of State under s. 182 of the Licensing Act 2003, the value of the book to most readers will lie in this experienced author’s commentary on the new provisions and the way in which local authorities may have to deal with them.

As with all works on new legislation, because of the practice of modern governments of bringing such legislation into force in a piecemeal fashion and reserving powers to ministers to make subsequent but important changes, having set out the law as it was in January 2005 this work is already a little out of date.  The Secretary of State’s Guidance was revised in June 2006 and the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations have been introduced since then.

For those considering buying this book, as opposed to its competitors, the question has to be: "Does it achieve its aim?" or "Does it really provide a different and important perspective?"  The answer is - yes, in parts.

The chapters on "The Licensing Authority" (chapter 4) and "The Relationship with other relevant Legislation, Strategies and Initiatives etc" (chapter 5) quite clearly develop the role of the local authority as licensing authority, based upon existing laws and procedures. In particular, chapter 4 provides a very useful introduction to the structure of local government, the legal constitution, the conduct of meetings, standards of conduct of members (councillors), bias and natural justice.  It also deals with access to information and meetings, rules of debate, the role of officers of local authorities and judicial supervision by the High Court through judicial review.  Chapter 5 contains specific information on subjects such as ”the planning system”, the Disability Discrimination Act 1995, Human Rights and Freedom of Information.

These subjects are covered in greater depth than in most of the book’s competitors and demonstrate the author’s expertise in this field of law.  Otherwise the various chapters provide a commentary on the provisions of the new Act.  For example, chapter 6 on "Hearings and the Role of the Licensing Committee and Sub-Committee" does little more than set out the provisions of the Act and Regulations.

There are in places some very helpful references to the debates in Parliament about various clauses and references to case law, relating to the previous legislation, but again the strength of the work lies in the author’s knowledge of relevant case law on the role of local authorities.  A particularly good example is the chapter on "Appeals" (Chapter 15) wherein there are various references to authorities relevant to the jurisdiction of local authorities when performing a quasi judicial/administrative function, appeals to magistrates’ courts under pre-existing legislation and procedures to be followed upon seeking judicial review.

By contrast the chapter on "Children" (chapter 12) is weak on dealing with the offences set out in the Act and the criminal proceedings that might follow.  Chapter 14 contains a helpful table of offences and sets out the Enforcement Concordat produced by the Regulatory Impact Unit of the Cabinet Office (which has been adopted by the vast majority of councils in England and Wales.

Overall, the author’s style is clear and comprehensible.  The division of the work is based upon practical experience.  The reproduction of the primary and secondary legislation meets the need for a comprehensive source work in a manageable paperback format.

This book is a good buy for those working in local authorities and for specialist licensing practitioners to add to their collection.  Its concentration on a local authority perspective distinguishes it from its competitors and makes purchase worthwhile.  When added to books written by licensing specialists, it provides an important reference source and useful commentary.

Kerry Barker, St John’s Chambers, Bristol



The Police And Criminal Evidence Act 1984

Edition: 5th Edition with 1st Supplement issued June 2006

Author:

Michael Zander Q.C.

ISBN: 0421905808

Publishers: Sweet & Maxwell

Price £97.50 with 1st Supp (Supp on own £22.50) RRP UK

Publication Date: 2005



The Police and Criminal Evidence Act 1984

Edition:  First supplement to the fifth edition -

Author: Michael Zander

ISBN: 0-421-95610-0

Publishers: Sweet & Maxwell

Price £22.50

Publication Date: June 2006

Publisher’s Title Information

Michael Zander's The Police and Criminal Evidence Act 1984 is recognised as the leading work on PACE, known for its authoritative interpretation, as well as clear explanation of the law. This first supplement provides an essential update to the fifth edition.

Covering the impact of the Serious Organised Crime and Police Act 2005 and the Drugs Act 2005, the supplement deals with the effects of the latest PACE developments, including the revised Codes of Practice and new case law.

The new material includes:

The far-reaching changes made to the PACE Codes resulting from implementation of the Serious Organised Crime and Police Act 2005 (SOCPA)

The amendments made to PACE by the Drugs Act 2005

The changes in the commentary section of the book flowing from the changes to PACE, the Codes of Practice and the Drugs Act 2005

The latest version of the Notice of Rights and Entitlements issued to suspects in the police station


Michael Zander's The Police and Criminal Evidence Act 1984 is recognised as the leading work on PACE, known for its authoritative interpretation as well as its clear explanation of the law. It is frequently cited in court.

Provides full coverage of the law on PACE as amended

Contains in full the latest Codes of Practice plus the full text of the 1984 Act as amended, each on different coloured paper for ease of use

Explains PACE in practice via in-depth discussion of the latest judicial decisions

Offers a Question and Answer section in each chapter clarifying the most important issues under each topic

Covers England, Wales and Northern Ireland, showing any differences between jurisdictions

Contains a detailed index which includes references in different printing styles for the author's text, the Act and the Codes and also includes all terms defined anywhere in the Act

New for this edition

Contains the latest PACE Codes in force from August 1, 2004

Deals with the many changes made to PACE by the Criminal Justice Act 2003

Sets out the new system for charging under the CJA and includes the DPP's Guidance on the subject

Details the changes made in 2004 to the service that can be provided at public expense by duty solicitors in the police station

Explains the special provision for terrorism investigations resulting from the Terrorism Act 2000

Goes through developments on the right to silence provisions of the Criminal Justice and Public Order Act 1994 and the large body of resulting case law

Covers new powers given to Community Support Officers under the Police Reform Act 2002 and includes the relevant statutory provisions in full

Covers many other Acts that make amendment to the PACE Codes, as well as a mass of new case law

Michael Zander Q.C. is Emeritus Professor of Law at the London School of Economics and Political Science.  He was a member of the Runciman Royal Commission on Criminal Justice (1991-1993).  He is recognised as the foremost authority on PACE.


With a Foreword by the Lord Chief Justice, Lord Woolf

Preface To The Fifth Edition

The purpose of this book remains what it has been since it was first published in 1985-to provide a work on the Police and Criminal Evidence Act 1984 (PACE) which is useful to practitioners, police officers, judges, academic lawyers and law students.  It is not a book that offers the author's critical reflections as to the mer­its or otherwise of the law. It attempts only to unravel the complexities of the Act.

There was a gap of eight years between the third edition (1995) and the fourth (2003). The chief reason was that the Home Office delayed and delayed in pro­ducing its major revision of the PACE Codes of Practice.  The revised Codes were originally planned for 2000 but in the event they were not approved by Parliament until 2002 and only became operational as from April 2003, a few days after the fourth edition of this work was published.

The Preface to the fourth edition indicated that there would soon be a need for a further edition to take account of developments that had at that time already emerged and others that were then contemplated.

The changes made in the fifth edition flow primarily from the Criminal Justice Act 2003 and the revised Codes of Practice which came into effect as from August 1, 2004.  But there were also a variety of other sources, including new cases and new literature.  The opportunity was also taken to make other improvements.  The new system for charging brought in by the Criminal Justice Act 2003 is informed by Guidance issued by the DPP. With the Director's per­mission, the book includes the second version of his Guidance, dated January 2005, as an appendix.  The book also takes account of the changes made in 2004 to the service that can be provided at public expense by solicitors in the police station.

In August 2004 the Home Office issued a Consultation Paper, Policing: Modernising Police Powers to Meet Community Needs, canvassing a variety of possible further amendments to PACE.  These are covered in the book.  The clos­ing date for the consultation exercise was October 8, 2004.  A little more than a month later, on November 24, the second day of the new session of Parliament, the Home Office published the Serious Organised Crime and Police Bill, which incorporated many of the changes in the Consultation Paper. Many of these are significant.  One with relevance for many passages in the book, is the abolition of the special category of serious arrestable offences and the application of the pow­ers hitherto only available for such offences to all indictable offences.  Although the book was then already in the hands of the publishers for processing there was just time to take account of the provisions of the Bill both in the commentary and in the text of the legislation - PACE and the Police Reform Act 2002.  (The text of the statute printed here shows the changes (italicised) that would result from implementation of the Bill as it then stood.)  There was of course no way of know­ing whether, and if so, when, the Bill would in fact become law or what changes might be made to the provisions in the Bill before Royal Assent.

Despite the fact that not much time has elapsed since the previous edition, the changes for this edition are therefore extensive.  Not all are additions.  It was decided to drop the material on the admissibility of documents previously dealt with in Part VII of the Act. This is now dealt with in Part 11 of the Criminal Justice Act 2003. Since the subject no longer has any connection with PACE, there seemed to be no sufficient reason for retaining it in this book.  Overall the book is more than 100 pages longer than the last edition-of which nearly half (40 pages) is Commentary and a third is made up of the additions to the Police Reform Act made by the Serious Organised Crime and Police Bill 2004-2005 (17 pages) and the DPP's Guidance on charging (16 pages).  The additions to PACE itself amount to some 14 pages.

The book proceeds in the same way as the previous editions-a commentary on the sections of the Act in chronological order and on their corresponding pro­visions in the Codes of Practice, with frill references, followed at the end of each Chapter by a Question and Answer section. Since PACE was largely based on the report of the Philips Royal Commission on Criminal Procedure, the commentary still includes the state of the law at the time when the Philips Commission reported in 1981, the Commission's recommendations and, where relevant, an account of the parliamentary debates on the two PACE bills.

With the kind permission of the Controller of Her Majesty's Stationery Office, the book reprints the statute itself as amended (on buff coloured pages), and the Codes of Practice (on blue pages).  A new appendix shows the provi­sions of the statute that had not come into force by the time the book went to press in January 2005.

The book again deals also with the position in Northern Ireland-mainly in footnotes. Broadly it is the same as that in England and Wales, though the legis­lation there and, even more, the Codes have lagged several years behind.  The original Northern Ireland Order' reflecting the 1984 Act was passed in 1989.  It is referred to here as the 1989 N.I. PACE Order. It came into effect with the Codes of Practice' on January 1, 1990, four years to the day after implementation of PACE. Five years later, the Police (Amendment) (Northern Ireland) Order 19953 (referred to as the 1995 Order) brought Northern Ireland into line in three areas ­police powers, police discipline and police complaints. In regard to police pow­ers, the changes were mainly based on the provisions of the Criminal Justice and Public Order Act 1994.  For police discipline, the changes were based mainly on the Police and Magistrates' Courts Act 1994.  In regard to police complaints, the Order revoked and re-enacted the provisions of the Police (Northern Ireland) Order 1987 but it also gave effect to the government's decisions on the recom­mendations of the Independent Commission for Police Complaints.  Recent legislation which has effected PACE amendments in Northern Ireland includes the Police (Northern Ireland) Act 2003, the Criminal Justice Act 2003 and the Criminal Justice (Northern Ireland) Order 2004 (SI 2004/1500).

So far as concerns the Codes, the 1995 Northern Ireland Order came into force on July 29, 1996 together with revised Codes of Practice similar to those intro­duced in 1995 in Great Britain.  However, revisions in the Codes of Practice simi­lar to those introduced in England and Wales in 2003 and 2004 have still not been made and it is now expected that it may take until 2006 before they are operational.

Chapter 12, introduced in the fourth edition, is on civilian staff with PACE police powers under the Police Reform Act 2002.  This topic will be of growing importance, as the number of Community Support Officers is likely to increase exponentially.  The book also deals with two topics derived from other legislation that is integrally related to PACE.  One is the "right to silence" provisions in the Criminal Justice and Public Order Act 1994 and the mass of case law spawned by those provisions (Chapter 13).  The other is the special provision for terrorism investigations, where these cover the same ground as PACE.  They were previ­ously to be found mainly in the Prevention of Terrorism (Temporary Provisions) Act (PTA) first passed in 1974 and re-enacted from time to time, most recently in 1989-as amended by the Criminal Justice (Terrorism and Conspiracy) Act 1998.  In Northern Ireland they were to be found latterly in the Northern Ireland (Emergency Provisions) Act 1996 (EPA).  The basic legislation is now to be found in the Terrorism Act 2000.  That Act reformed and extended previous counter­terrorist legislation and put it largely onto a permanent basis.  The 2000 Act applies to all forms of terrorism: Irish, international and domestic.  The subject is dealt with throughout the book, wherever the topic arises.

The book also deals with judicial decisions interpreting the European Conven­tion on Human Rights that affect PACE and the right of silence both those given by the European Court of Human Rights (ECHR) in Strasbourg and those given by domestic courts under the Human Right Act 1998.  (A short introduction to the Human Rights Act (HRA) for the uninitiated is to be found in Chapter 14.) Some of the writing on the impact of the HRA on policing and criminal justice has taken an unduly defensive view and the same is true of some of the advice given to the police by their own trainers and advisers.  The writer shares the more robust view that until there is an actual judicial decision to the contrary, "there is no rea­son at all why police officers should not continue to rely on long-established, tried and tested tactics and procedures, especially when they are within a legislative framework . . ." (A Pickover, Police Review, August 31, 2001, p.31).

It is time enough to give up what seems to be a sensible rule, procedure or practice when it is judicially declared to be unlawful.  This book at all events deals with the effect of the HRA only where there are actual relevant judicial decisions.

The index to the book includes references in different printing styles for the author's text, the Act and the Codes.  As before, marginal vertical lines in the text of the Codes of Practice indicate wholly new material.  (Changes in the 2003 version of the Codes are indicated by a single line; changes in the 2004 version are indicated by a double line.) The footnotes to the text of the Codes indicate when new material is based on previous provisions and when there has simply been renumbering.  The book has been brought up-to-date to January 2005.


REVIEW

Once again this Edition of Michael Zander’s book is very welcome, as ever it will be widely consulted throughout the police and legal profession. This is a text I have used and relied upon since 1985.

As often happens with law books Zander 5th Edition was published just as changes reached the statute book.  My copy arrived with a yellow slip explaining that, ‘changes had been made by The Serious Organised Crime And Police Act 2005.  When the 5th edition went for printing the Serious Organised Crime and Police Bill had not yet reached the statute book.  The book deals with the changes to PACE and to the Police Reform Act 2002 made by the Bill as it stood on first publication.  It received Royal Assent on April 7, 2005.  Unsurprisingly, there were changes from the Bill to the Act - mostly in regard to clause and section numbers, though there were a few substantive changes.

The Publishers have provided an on-line update to this 5th edition covering the changes made by this Act.  The update will enable the reader to amend their copy of the book by inserting the necessary alterations.

The update can be found at www. sweetandmaxwell.co.uk/online/ou.html

Today’s police officers who live in an electronic age do have the advantage with books having dedicated websites such as this, this of course wasn’t the case in 1985 when the much needed 1st edition was published.

1985 was the year when PACE changed policing; the drastic changes required training courses and the re-writing of all Force Orders.  Sergeants, my rank at the time, took over possibly the busiest and most important role - that of custody sergeant, where a complete understanding of PACE was essential.  For a while we really were 'thrown in at the deep end'; it was all new and we were being watched from all sides.  My Force (City of London) purchased copies of Zander and it was available to us at that level; at the sharp end.

I was fortunate enough to be given a place at the LSE in 1979 to study for my LLM, Michael Zander was one of the tutors.  His book had become established as one of, if not the leading work on PACE; it still remains so today.  It is still essential that police officers have an extensive knowledge of this Act with all its amendments.

Zander has always been known for its authoritative interpretation as well as its clear explanation of the law.  It is frequently cited in court.

It has to be said many times that all the laws and procedures necessary are contained within the police manuals and force orders - however if you are serious about your promotion prospects, or want to research deeper into PACE, this is one of the books that comes highly recommended, along with the website that will keep you current.

For your money (£69) this latest Edition gives you:-

Full coverage of the law on PACE as amended.

Contains in full the latest Codes of Practice plus the full text of the 1984 Act as amended, each on different coloured paper for ease of use.

Explains PACE in practice via in-depth discussion of the latest judicial decisions.

A Question and Answer section in each chapter clarifying the most important issues under each topic.

Covers England, Wales and Northern Ireland, showing any differences between jurisdictions.

A detailed index which includes references in different printing styles for the author's text, the Act and the Codes and also includes all terms defined anywhere in the Act.

New for this edition.

The latest PACE Codes in force from August 1, 2004.

Deals with the many changes made to PACE by the Criminal Justice Act 2003.

Sets out the new system for charging under the CJA and includes the DPP's Guidance on the subject.

Details the changes made in 2004 to the service that can be provided at public expense by duty solicitors in the police station.

Explains the special provision for terrorism investigations resulting from the Terrorism Act 2000.

Goes through developments on the right to silence provisions of the Criminal Justice and Public Order Act 1994 and the large body of resulting case law.

Covers new powers given to Community Support Officers under the Police Reform Act 2002 and includes the relevant statutory provisions in full.

Covers many other Acts that make amendment to the PACE Codes, as well as a mass of new case law.

Rob Jerrard



Neighbours and the Law

Edition: Fourth Edition

Authors: John Pugh-Smith, Graham Sinclair & William Upton

ISBN: 0 421 92690 2

Publishers: Sweet & Maxwell

Price £85

Publication Date: January 2006


The body of law concerning matters which affect relations between neighbours is wide-ranging and often complex. Neighbours and the Law is the only publication to draw together all of this information in one volume.

This practical work explains the possible causes of action and remedies available to parties involved in a dispute. It gives guidance on the procedure for obtaining redress against private individuals, as well as against public authorities that fail to comply with their regulatory duties. It covers issues as varied as:

Boundary disputes

Rights of way

Rights to light air and support           

Party walls, fences and hedges

Noise and waste  

Planning and building control

This edition has been fully updated to take account of the Land Registration Act 2002, the Planning and Compulsory Purchase Act 2004, and all relevant new case law. It has many new and updated sections, dealing with areas such as anti-social behaviour, flooding, masts and pylons, and misrepresentation and non-disclosure by sellers of land.

There is a selection of precedents for use in frequently encountered situations. The title also includes the texts of Part 35 of the Civil Procedure Rules relating to experts and asses­sors and the Access to Neighbouring Land Act 1992, as well as a list of useful website addresses.

Neighbours and the Law is a quick and convenient reference work for all solicitors, barristers, surveyors and other professionals advising on neighbour disputes, as well as for local authority legal and other departments who may be called upon to give advice to members of the public or to take regulatory action in connection with such a dispute.

Key features

Presents practical guidance on the basic legal principles governing a wide range of disputes between neighbours

Covers the many issues you are likely to encounter, including boundary disputes, rights of way and rights to light, air and support, positive and restrictive covenants, noise nuisance, and planning and building controls

Clearly organised into chapters which deal with specific areas of private law and civil causes of action, and relevant areas of public law

Provides guidance on the procedure for obtaining redress, as well as for those involved in the role of professional witness

Explains the application of statute and case law to give you a better understanding of the technicalities

Includes a selection of precedents, comprising documents such as particulars of claim and court orders for use in frequently encountered situations

New for the 4th edition

New sections on anti-social behaviour and the high hedges procedures, flooding and flood prevention, ionising radiation, masts and pylons, misrepresentation and non-disclosure by sellers of land, insurance, and the Licensing Act 2003

Fully updated to take into account the Land Registration Act 2002 and the resulting case law New and updated precedents

Reproduces the new Code of Practice for Experts and the Protocol for the Instruction of Experts to give Evidence in Civil Claims, as well as Part 35 of the Civil Procedure Rules Details relevant website addresses


We are reminded in the preface that "Neighbours" disputes, in all their many guises, can still frequently lead to complex, emotionally charged and protracted proceedings which, in turn, often call upon the furthest reaches of legal knowledge, law libraries and on-line search facilities.  This is very true and they very often lead to domestic disputes where police officers are called out only to find upon arrival that all that is required is to keep the peace and remind the parties that they must seek a civil answer to the problem,

The purpose of the Fourth Edition of this book, as with its predecessors, remains that of providing a concise statement of the areas of law and procedure with which the lawyer, and increasingly other professional disciplines, such as police officers are likely to be face dealing with such disputes.

The authors advise that its contents are intended to serve only as a guide and not a definitive source.  The reader is reminded to refer to the relevant specialist works whenever more detailed information is required on a particular topic and/or seek expert advice from the relevant practitioner!  This would certainly be the case with police officers when dealing with areas outside their training.

Owners of previous editions will note that a numbers of additional subject headings have been added to Chapter 6 (Specific Remedies) and since the publication of the last edition in 2001 many areas of law covered by this work, particularly concerning the involvement of the public and quasi-public agencies, have continued to grow.  The law is stated as at October 31, 2005.

On late matter is covered by a ‘Stop Press’ in the preface, on Tuesday November 15, 2005 the European Court of Human Rights at Strasbourg delivered judgment in the case of J.A. Pye (Oxford) Ltd v The United Kingdom (Application No. 44302/02).

The Court accepted that the limitation period of 12 years was relatively long and that the law of adverse possession was well-established and had not altered during the period of the applicants' ownership of the land.  It was further accepted that, in order to avoid losing their title, the applicants had to do no more than regularise the Grahams' occupation of the land or issue proceedings to recover its possession within the 12-year period.  The Court noted that not only were the applicants deprived of their property, they received no compensation for the loss. The result for them was therefore one of exceptional severity.  The Court reiterated that the taking of property in the public interest without payment of compensation reasonably related to its value was justified only in exceptional circum­stances.

By a majority of four to three the court held that the application of the provisions of the Land Registration Act 1925 and Limitation Act 1980 to deprive the applicant companies of their title to the registered land imposed on them an individual and excessive burden and upset the fair balance between the demands of the public interest on the one hand and the applicants' right to the peaceful enjoyment of their possessions on the other. There was therefore a violation of Article 1 of Protocol No. 1.  The question whether any compensation was payable by the UK government was reserved.


The Authors

John Pugh-Smith is a barrister and mediator at 39 Essex Street Chambers practising in administrative, planning and environmental law.

Graham Sinclair is a barrister and general/commercial mediator at East Anglian Chambers practising in property, trusts and local government law. He is also a lecturer for CLT, ILEX and local law societies.

William Upton is a barrister at 6 Pump Court Chambers practising and lecturing in planning, environmental and local government law.


"Internet Law Book Reviews" Copyright Rob Jerrard