Cornerstone Barristers
13 Experts
33 Contributions by Cornerstone Barristers Experts
PRACTICE NOTES
The Investigatory Powers Act 2016 (IPA 2016) now provides the core legal structure for the use of covert surveillance by public bodies. Before this, the field was governed mostly—though not wholly—by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The RIPA 2000 provisions on intercepting and acquiring communications data have been repealed and replaced by IPA 2016. However, the regimes for direct surveillance, covert human intelligence sources (CHIS), and obtaining electronic data protected by encryption continue to be governed by RIPA 2000. For guidance on interception and the acquisition of communications under IPA 2016, see the following Practice Notes:
The regulation of intelligence gathering—an introductory guide
Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016
Interception of communications under the Investigatory Powers Act 2016
Equipment interference under the
Corporate Crime
PRACTICE NOTES
While the Investigatory Powers Act 2016 (IPA 2016) largely superseded the Regulation of Investigatory Powers Act 2000 (RIPA 2000), the Part III provisions of RIPA 2000—dealing with the ability of public bodies to issue notices requiring the decryption of encrypted information or the provision of decryption keys—remain in effect, albeit as modified by the IPA 2016. For further details on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide...
Investigation of encrypted electronic data
RIPA 2000, Pt III governs investigations by a public authority into electronic data protected by encryption. The statutory scheme is supplemented by a Code of Practice, which is admissible in evidence in both criminal and civil proceedings. A wide range of methods enable businesses, individuals and criminals to secure and protect their electronic data and to maintain the privacy of their electronic
Corporate Crime
PRACTICE NOTES
FORTHCOMING CHANGE
The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in Wales, refer to Practice Note: Renters’ Rights Act 2025—key provisions.
This Practice Note considers when an occupation contract under the Renting Homes (Wales) Act 2016 (RH(W)A 2016) constitutes a secure contract. It addresses the definition of a community landlord and assesses when a community landlord may use a standard contract (for example, an introductory standard contract or a prohibited conduct standard contract).
It should be read together with Practice Note: Renting Homes (Wales) Act 2016—terms of secure contracts, which covers: variation of secure contracts, the withdrawal of a joint contract-holder, dealing with a secure contract by transferring it to other secure contract-holders or potential successors, and the termination of secure contracts.
Further material on RH(W)A 2016 is available in Practice Notes: Renting Homes
Local Government
PRACTICE NOTES
Reasonable preference
A local housing authority (LHA) must operate an allocation scheme that sets out how priorities are decided and describes the processes to be used when allocating accommodation. That scheme has to be designed to provide reasonable preference to applicants who come within the reasonable preference groups. The obligation to ensure that preference is given to applicants in these groups is the primary statutory requirement placed on LHAs regarding overall prioritisation, and it rests on the applicant’s housing need...
Local Government
PRACTICE NOTES
The allocation of social housing by local housing authorities (LHAs) in England and Wales is regulated by Pt VI of the Housing Act 1996 (HA 1996).
HA 1996 brought together all prior statutes on the provision of social housing and has subsequently been substantially revised by the Homelessness Act 2002 (HA 2002), the Housing and Regeneration Act 2008, the Localism Act 2011 (LA 2011), and the Housing (Wales) Act 2014. Further amendments have been made through the following statutory instruments:
Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010, SI 2010/866
Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012, SI 2012/2989
Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013, SI 2013/630
Anti-social Behaviour, Crime and Policing Act 2014 (Consequential Amendments) (Wales) Order 2015, SI 2015/1321
Pt VI of HA 1996 (allocation) and Pt VII
Local Government
PRACTICE NOTES
This Practice Note outlines guidance on the standards expected of accommodation provided by a local housing authority (LHA) when fulfilling its housing duty under Part VII of the Housing Act 1996 (HA 1996), including how suitability is evaluated. For details on how an applicant might challenge suitability, see Practice Note: Homelessness review and appeal. Statutory guidance was published on 22 February 2018 to align with the commencement of the Homelessness Reduction Act 2017 on 3 April 2018, and is updated on a regular basis. Throughout this Practice Note, that guidance is termed the ‘Homelessness code of guidance for local authorities’ (the Code).
Discharging the housing duty
All accommodation arranged by an LHA in performance of its housing duties under HA 1996, Pt VII must be suitable. This includes accommodation obtained in exercise of an LHA’s interim powers and duties, such as the duty in HA 1996, s
Local Government
PRACTICE NOTES
A range of statutory obligations regulate the acquisition, retention, examination and dissemination of private material by public authorities for intelligence purposes.
These frameworks comprise:
Investigatory Powers Act 2016 (IPA 2016)
Regulation of Investigatory Powers Act 2000 (RIPA 2000)
Human Rights Act 1998 (HRA 1998)
Intelligence Services Act 1994 (ISA 1994)
Security Service Act 1989 (SSA 1989)
Computer Misuse Act 1990 (CMA 1990)
Wireless Telegraphy Act 2006 (WTA 2006)
Investigatory Powers (Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018, SI 2018/356
The IPA 2016 is further supported by statutory codes of practice:
Interception of communications: code of practice
Equipment interference: code of practice
Communications data: code of practice
Bulk acquisition of communications data: code of practice
Bulk personal datasets—low or no reasonable expectation of privacy: code of practice
Notices
Corporate Crime
PRACTICE NOTES
Judicial deference
Judicial deference is often characterised as the principle that 'respect is a central concept in judicial review'. It is not confined to matters concerning human rights. Where human rights are engaged, however, it relates to the weight courts will accord to the considered views of Parliament and/or the Executive when determining whether a given decision or a particular item of legislation amounts to a proportionate interference with one or more rights under the European Convention on Human Rights. Although akin to deference in several ways, the margin of appreciation is a separate doctrine applied by the European Court of Human Rights (ECtHR). It encapsulates the notion that member states are, in principle, better placed to assess local needs and circumstances than an international court and should therefore be granted a measure of leeway as to the manner in which they
Public Law
Q&As
What are the formality requirements for assigning a commercial lease?
There are three principal formalities for assigning a lease.
First, the agreement to assign must be in writing and signed, and it must contain all terms expressly agreed by the parties in a single document or, if contracts are exchanged, in each counterpart (section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)).
Second, the assignment must be carried out by deed, even where the lease itself was originally granted orally (section 53 of the Law of Property Act 1925; Crago v Julian).
Third, if the lease being transferred is a registered lease, the assignment only completes once it has been registered at HM Land Registry (section 27(1)(a) of the Land Registration Act 2002 (LRA 2002))...
Property Disputes
Q&As
Taking back possession of a garage
When a landlord has rented out a dwelling, for example a house or flat, they cannot lawfully regain possession of the property while the tenant remains in residence except by initiating court proceedings. This requirement, in such circumstances, is expressly imposed by sections 2 and 3 of the Protection from Eviction Act 1977 (PEA 1977)...
Property Disputes
Q&As
A tenant’s obligations
A tenant is under an implied duty to use the rented premises in a tenant-like manner. In Warren v Keen, the Court of Appeal (per Denning LJ) described this as taking proper care of the home and doing the small tasks a reasonable tenant would attend to. Frequently, tenancy agreements include express terms about how the property is to be used and any duties to keep it in good repair; these express provisions supersede the implied obligation. In addition, a tenant owes a tortious duty under the doctrine of waste, meaning they must not do, or fail to do, anything that brings about a permanent alteration to the property’s nature.
Removing fixtures
Allowing the property to fall into decay
A landlord’s remedy once the tenancy has been determined
Where a tenant has failed to meet their repairing obligations, the landlord is entitled to claim damages even after the
Property
Q&As
Procedure for forfeiting a residential lease
Under forfeiture law, a landlord may terminate a lease by carrying out re-entry to the property. Re-entry can be achieved either by physically going back into the premises or by commencing and serving possession proceedings in the County Court or the High Court. However, where premises are let as a dwelling and are still occupied, a landlord is not permitted to forfeit by physical re-entry and must instead bring proceedings before the court...
Property Disputes
CHECKLISTS
This Checklist sets out the obligations for local authorities seeking approval to deploy surveillance powers under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read alongside Practice Notes: Regulation of investigatory powers under RIPA 2000 and The regulation of intelligence gathering—an introductory guide.
RIPA 2000 requirements
Under RIPA 2000, the requirements include:
advance authorisation for directed surveillance
a prohibition on the authority conducting intrusive surveillance
authorising the conduct and use of a covert human intelligence source (CHIS)
safeguards governing the conduct and use of a CHIS
authorisation to acquire communications data
obtaining judicial approval for those authorisations
Authorisation and judicial approval for the acquisition of communications data are now governed by IPA 2016. See Practice Notes: Surveillance powers of local authorities, The regulation of
Corporate Crime
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