Exclusion tests meaning

Is land contamination an issue? According to the Law Society’s practice note on contaminated land, solicitors ought to assess potential contamination in every conveyancing matter they handle. It explains that, while only a minority of deals will be materially affected, practitioners must remain alert to possible environmental liabilities and think carefully about the enquiries and specialist support their clients might need—see Practice Note: Land contamination—Law Society practice note on contaminated land. Notably, the note summarises the contaminated land framework set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990), including a concise explanation of who bears responsibility for remediation of contaminated land. Beyond clean-up obligations imposed under the EPA 1990, Pt IIA, contamination can also give rise to the following liabilities: clean-up duties under other regulatory schemes, eg environmental damage, works notices, or environmental permitting regimes civil claims, eg nuisance, negligence, or breach of contract criminal exposure, eg non-compliance with a remediation notice Refer to Practice Note: Environmental...

R (on the application of SAG by her litigation friend ERG) v The Governing Body of Winchmore School [2025] EWCA Civ 1335 What are the practical implications of this case? This ruling underscores the stringent threshold for overturning a school exclusion by way of judicial review. Here, notwithstanding inconsistent policies pointing to varied tests, substantial mitigating factors for SAG, and an incorrect label of the incident as a burglary, the High Court nevertheless rejected the claim and dismissed the judicial review. The Court of Appeal upheld that result, reaffirming the broad discretion afforded to headteachers and governing bodies when determining individual matters. Once again, the appellate court stressed that evaluating conduct and sanction in the school context is a matter primarily for those charged with leadership and governance, not the courts, save in rare cases crossing that high threshold. Lady Justice Elisabeth Laing showed particular appreciation of governors’ responsibilities, rejecting SAG’s contention that, once an IRP had quashed a decision, the reconsideration panel must be demonstrated to be...

What is an agreement on liabilities? Parties to a deal may choose to set out, expressly, how known or potential remediation expenses under Pt IIA of the Environmental Protection Act 1990 (EPA 1990) will be shared, for example on a land transfer. An agreement on liabilities exists where: two or more persons are “appropriate persons” who bear all or part of the cost of a remediation measure they agree, or have previously agreed, the basis on which that burden is to be apportioned a copy of the agreement is supplied to the enforcing authority, and none of the parties notifies the enforcing authority that it contests the agreement’s application An “appropriate person” is the: person(s) who caused, or knowingly permitted, the contaminating substances to be in, on or under the relevant land (Class A), or owner or occupier of the contaminated land, but only where a Class A person cannot be identified (Class B) ...

Practice Note This Practice Note explains the requirements governing interim orders in public law children court cases, setting out the tests and character of such orders, together with their length, impact and discharge. It further offers direction on assessments and medical or other examinations within interim stages. Interim orders comprise interim care orders (ICOs) and interim supervision orders (ISOs)...

What are planning conditions? Planning conditions are attached to planning permissions to govern how development proceeds. They can raise the standard of schemes or allow proposals that might otherwise fail in planning terms to go ahead, by offsetting, limiting or managing harmful impacts. Conditions may likewise feature in a local development order or a neighbourhood development order. Their use is circumscribed by legislation, case law and policy, as outlined below. Powers to impose planning conditions Local planning authorities (LPAs) hold broad powers to attach conditions when granting permission under the Town and Country Planning Act 1990 (TCPA 1990), notably sections 70 and 72, with further statutory powers in sections 73, 73A, 96A and Schedule 5. The Secretary of State (SoS) can also impose conditions on appeal by virtue of sections 77, 79, 177 and Schedule 6. Section 70 TCPA 1990 provides that, upon receiving a planning application, the LPA may grant permission either without conditions or subject to such conditions as it considers appropriate, or it...