Landmark Chambers
15 Experts
18 Contributions by Landmark Chambers Experts
PRACTICE NOTES
Undocumented migrants claiming to be children
While this Practice Note is not confined to unaccompanied asylum-seeking (UAS) children, they are the cohort a practitioner will most commonly encounter routinely in practice.
Other situations that a practitioner may meet include the following:
where a child is deserted yet makes no asylum claim at all; or
where the age of a dependent child of an asylum seeker is in question
Reaching an incorrect conclusion about a young person’s age is a serious matter with significant consequences...
Local Government
PRACTICE NOTES
Claim for asylum
A claim for asylum is an application made by someone outside their state of nationality or usual residence who contends that being forced back would constitute refoulement, ie it would violate the UK's duties under the 1951 Refugee Convention by returning them to a place where they face a genuine risk of persecution. Asylum claims frequently overlap with requests for humanitarian protection. An asylum claim also encompasses a claim under Article 3 of the European Convention on Human Rights (ECHR) where the applicant asserts that, if removed to their country of origin, they would be tortured or exposed to inhuman or degrading treatment or punishment. See Practice Note: Dealing with a human rights challenge. From 6 April 2015, the right to bring an in-country appeal against refusal of an asylum claim arises under section 82(1)(a) of the
Local Government
PRACTICE NOTES
Context
The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 (HiA 1980). The making and
Planning
PRACTICE NOTES
Practice Note
Although this Practice Note is not confined to unaccompanied asylum-seeking (UAS) children, they are the group a practitioner is most likely to meet quite often in practice.
Other situations can arise, for example:
a child who has been abandoned but does not lodge an asylum claim;
a dispute about the age of a dependent child of any asylum seeker.
The material in this Practice Note concerns the law currently in force in England. In Wales, this field is governed by the Social Services and Well-being (Wales) Act 2014 and associated statutory instruments.
This Practice Note does not attempt to detail every obligation owed by the local authority (LA) to a child because they are looked after by the LA. For those obligations, see Practice Note: Local authority duties towards children looked after by them. However, the key duties are addressed here.
An application for asylum also includes a claim under
Local Government
PRACTICE NOTES
The National Planning Policy Framework (NPPF)
The National Planning Policy Framework (NPPF) provides robust safeguards for the green belt. It explains that the government places significant weight on green belts, and makes clear that the core objective of green belt policy is to stop urban sprawl by ensuring land designated as green belt remains permanently open. Consequently, there is a clear presumption against development that is inappropriate within the green belt, and considerable weight must be afforded to any harm to the green belt when deciding planning applications. The first iteration of the NPPF came into force in 2012 (the 2012 NPPF). It was then updated in 2018, 2019, 2021, September 2023, December 2023 and December 2024. The latest NPPF, issued in December 2024, does not change the essential aim of green belt policy or its five stated purposes. Yet it has brought in
Planning
PRACTICE NOTES
The core purpose of green belt policy is to curb urban sprawl by safeguarding land as permanently open. Openness and permanence are the defining features of green belts.
Policy
National policy for England’s green belts is contained in the National Planning Policy Framework (NPPF). First issued on 27 March 2012, it has been superseded several times, most recently in December 2024. Under the NPPF, local planning authorities (LPAs) must establish green belt boundaries and decide applications in line with its green belt policies. Inappropriate development is generally resisted unless very special circumstances can be shown such that the scheme’s benefits clearly outweigh harm to the green belt. The NPPF identifies forms of development regarded as appropriate within the green belt. This is supported by Planning Practice Guidance (PPG) on the green belt, updated in February 2025 to reflect the substantial December 2024 NPPF changes. For
Planning
PRACTICE NOTES
Introduction
The planning regimes of England and Wales have diverged markedly in recent years, both in policy and statute. In Wales, planning is a wholly devolved responsibility. This divergence began in 2000 with the creation of the then Welsh Assembly Government. Although the Government of Wales Act 1998 transferred most planning matters, it was the second devolution referendum in 2011 that conferred primary law-making powers, paving the way for the Planning (Wales) Act 2015 (P(W)A 2015). That Act has further widened the gap between Welsh planning law and that elsewhere in the UK. P(W)A 2015 sets a statutory purpose for planning functions and clarifies the duty to pursue sustainable development under the Well-being of Future Generations (Wales) Act 2015 (WFG(W) 2015). Since March 2002, Welsh planning policy has been set out in Planning policy in Wales (PPW), backed up by detailed Technical advice notes (TANs) and
Planning
PRACTICE NOTES
What happens when a debtor dies?
Someone may pass away while insolvent. An estate is insolvent when its value does not suffice to discharge all debts and liabilities in full. In such cases, the estate’s administration is regulated by the Administration of Insolvent Estates of Deceased Persons Order 1986 (DPO 1986), SI 1986/1999. It applies to estates of the insolvent deceased, including where death follows the presentation of a bankruptcy petition or the making of a bankruptcy application. Its main effect is to adapt the Insolvency Act 1986 (IA 1986). The interaction between DPO 1986, SI 1986/1999 and IA 1986 is examined in Re Estate of Platon Elenin (aka Boris Abramovich Berezovsky).
What should happen to the insolvent estate?
Unless a bankruptcy order exists (or a bankruptcy petition has been presented or an application made), an insolvent estate must be managed in one of three ways:
by the
Restructuring & Insolvency
PRACTICE NOTES
The debtor’s proposal for an IVA
The route into an IVA commences with the debtor’s proposal, ordinarily shaped in collaboration with a licensed insolvency practitioner (IP). At this juncture, the IP acts as the nominee. Should creditors accept the proposal, the nominee will typically take up the role of supervisor of the IVA. For broader background, see Practice Note: Individual voluntary arrangements (IVAs). The nominee must adhere to Statement of Insolvency Practice 3.1, updated for nominees appointed on or after 1 March 2023—see News Analysis: LNB News 01/03/2023 13.
Any debtor may advance an IVA proposal, including an individual who remains an undischarged bankrupt. The nominee will commonly meet the debtor, who will supply information on assets and liabilities, supported by documentation. Although the debtor puts forward the terms, the written proposal is, in practice, drafted by the nominee. The proposal will include a concise
Restructuring & Insolvency
PRACTICE NOTES
STOP PRESS
From 25 March 2026, the principal provisions of the Levelling-up and Regeneration Act 2023 on plan-making are in effect. This Practice Note is being revised to reflect those changes.
This Practice Note outlines the core aspects of the planning frameworks in England and Wales relevant to minerals development. As minerals are only workable where they occur, and because site restoration is integral to such schemes, particular considerations arise when planning for and consenting mineral extraction.
Minerals policy for England
The key policy and guidance sources in England include:
the National Planning Policy Framework (NPPF)
Planning Practice Guidance (PPG) — offering detailed direction on applying NPPF policies
the Marine and Coastal Access Act 2009, which established mechanisms for the sustainable stewardship and use of marine resources, including the requirement for a Marine Policy Statement (MPS). The UK MPS sets out minerals policy for
Planning
PRACTICE NOTES
Background
In October 2011, an independent advisory panel was created to examine how the planning system in Wales was being delivered in practice. By 2014, the panel concluded that a comprehensive ‘root and branch’ overhaul was unnecessary, though it proposed a series of measures to enhance the system as a whole. This process culminated in the Planning (Wales) Act 2015 (P(W)A 2015), which formally obtained Royal Assent on 6 July 2015 and—save for one principal exception—is, in practical terms, now substantially in force, for the most part, following its detailed commencement provisions and seven Commencement Orders, the most recent issued in 2021. The exception concerns the facility to apply directly to the Welsh Ministers for planning permission under P(W)A 2015, s 23, which is commenced only so far as is needed to permit the making of regulations or orders at this stage. P(W)A 2015
Planning
PRACTICE NOTES
Registration authorities
Applications to register a town or village green (TVG) must be lodged with the registration authority for the land in question. In most cases this will be the county council, a unitary authority, a metropolitan district council, or a London borough. Where the land falls within more than one registration area, submit the application to the authority in whose area the majority of the land is situated.
Legislation and guidance
Legislation
Section 15 of the Commons Act 2006 (CoA 2006) sets out the statutory criteria for registration (see Practice Note: What is a town or village green?—Statutory requirements for registration). For most of England, procedure on applications is governed by the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, SI 2007/457 (the English CR Regulations). However, applications made to pioneer registration authorities in England are governed by the Commons
Planning
PRACTICE NOTES
Applicable families
This Practice Note addresses circumstances in which a family with at least one child under 18 is in the UK without current leave to remain (LTR) (that is, a person within paragraph 7 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) who is in breach of immigration law and has not made an asylum/protection claim as defined by NIAA 2002, s 82(2) (as amended)).
The case of R (on the application of EAT) v Newham London Borough Council examined how a local authority (LA) should approach section 122(5)(b) of the Immigration and Asylum Act 1999, and whether there were reasonable grounds to believe a person had lodged an asylum claim that would prevent the LA from offering support. The court determined that the assessment must centre on the pertinent application and whether such a claim has been
Local Government
PRACTICE NOTES
Introduction
Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be contested in the courts where the decision was unlawful. Most planning decisions are capable of challenge by a High Court application for judicial review (see Practice Note: Planning judicial review). However, certain statutory schemes governing particular decisions or acts expressly preclude court challenges, including judicial review, save through a statutory application. Put simply, the legislation states that a decision or action may only be questioned under a specified statutory route. Such proceedings are termed statutory reviews or statutory challenges.
This Practice Note concentrates on the arrangements for applications for statutory planning review (usually called ‘applications’ rather than ‘claims’, though the labels are used interchangeably), which, in the planning context,
Planning
PRACTICE NOTES
This Practice Note
This Practice Note considers changes to the register of town and village greens (TVGs) through correction, rectification and deregistration across England and Wales, covering both pioneer and non‑pioneer areas. It also refers to commons where the position mirrors that for TVGs or is otherwise pertinent. However, it remains important to identify where material distinctions exist between village greens and commons...
For guidance on:
the meaning of a TVG and the statutory tests for registration, see Practice Note: What is a town or village green?
the procedural steps for submitting an application to register a TVG, see Practice Note: Town and village greens—making an application to register a TVG
the effect of TVGs on development proposals, see Practice Note: Town or village greens—property development
the creation and registration of common land, see Practice Note: Creation and
Planning
PRACTICE NOTES
The presence of a town or village green (TVG) can curtail, or even halt, development. Interfering with, or disturbing, the use or enjoyment of a TVG is a criminal offence. Accordingly, applying to register a TVG is a powerful tool for anyone seeking to stop a development. TVGs may, or may not, be subject to rights of common. They are areas of open land used by inhabitants of the town, village or parish for lawful sports and pastimes. There is no legal distinction between town greens and village greens; the terminology simply depends on location. See also Practice Notes: Town and village greens—making an application to register a TVG, Town and village greens—registration, rectification, correction and deregistration, and Town or village greens—property development.
Legislative context
The Commons Registration Act 1965 (CRA 1965) introduced a new requirement to create a permanent, conclusive record of the extent of
Planning
PRACTICE NOTES
Registration of land as a town or village green (TVG)
Registering land as a town or village green (TVG) can block development and severely limit its use. Even where applications to register a TVG fail, they can create delay and uncertainty for delivery. Aware of these effects, the government has introduced limits on TVG applications where planning permission is sought for development, or where the land is allocated in development plans. While these measures support developers, landowners and promoters must still treat the risk of TVG registration with care. Objectors also frequently deploy other or alternative tactics to hinder schemes. This Practice Note offers guidance to property buyers and developers on TVGs. It covers:
the criteria for registering land as a TVG
the consequences of TVG registration
how objectors use applications to block, discourage or delay schemes
the
Planning
PRACTICE NOTES
Importance of (WHSs)
The UK has ratified the Convention Concerning the Protection of the World Cultural and Natural Heritage (the Convention). The World Heritage List is curated by the World Heritage Committee. World Heritage Sites (WHSs) are locations, landscapes, monuments or structures whose Outstanding Universal Value is recognised by humanity as a whole. Signatories to the Convention are obliged to identify, safeguard and conserve effectively their WHSs for future generations. Examples in the UK include Stonehenge, Kew Gardens, Maritime Greenwich, Canterbury Cathedral, Saltaire, Hadrian’s Wall, Jodrell Bank, the Slate Landscape of Northwest Wales, and the entirety of the City of Bath. UNESCO designation alone does not of itself impose extra statutory controls. Nevertheless, in England and Wales, protection arises via the planning system—as outlined below—and through overlapping designations, as components of WHSs are frequently listed buildings (see Listed
Planning
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