Judicial notice meaning

Stop Press: On 31 March 2026, the President of the Family Division, Sir Andrew McFarlane, released consolidated guidance on allocation and gatekeeping for children proceedings in the Family Court, coming into force on 5 May 2026. This replaces the 2014 public and private law guidance and establishes a single framework for allocation across all children cases. It clarifies the functions of gatekeeping teams, aligns allocation choices with contemporary procedural pathways (including Child Focused Courts), and underscores key principles of judicial continuity, proportionality and the efficient deployment of judicial resources, see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Procedural Guide is presently being revised to align with the President’s guidance. It outlines the procedure for applications under section 8 of the Children Act 1989 for a specific issue order to resolve a particular question connected with parental responsibility, or a prohibited steps order limiting the exercise of parental responsibility in a defined respect. It also details who may apply, pre-action obligations, the principles the...

This Checklist outlines the principal legal and practical issues to consider when undertaking planning due diligence in Scotland to confirm a site’s precise planning status. It includes reviewing the planning application record, deciding between a limited or comprehensive report, pinpointing which permissions have been lawfully implemented, and evaluating the scope of authorised development. It also deals with breaches of conditions or planning control, reporting on the extent and current legal standing of consents, verifying any enforcement measures, and considering whether a breach is immune from action. This sits within a wider suite of Scottish planning guidance; see: Planning for property lawyers in Scotland-collection. Importance of establishing the planning history of a site In property deals involving the creation, purchase or sale of interests in land, establishing the legality of any existing or intended uses or operational development on that land is essential. This is because planning permission is required for the ‘development’ of land as defined in section 26 of the Town and Country Planning (Scotland) Act 1997...

Importance of establishing the planning history of a site Where a deal involves creating, acquiring or disposing of any interest in land, confirming whether existing or intended uses or any operational works on that land are lawful is essential. This is because permission for the ‘development’ of land, as defined by section 55 of the Town and Country Planning Act 1990 (TCPA 1990) (see Overview: Is planning permission required?), must be in place unless the works or uses are allowed by a development order, for example the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (for England) or the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (for Wales) (see: Permitted development—overview). Failure to obtain planning permission when the law requires it, or failure to comply with conditions attached to a permission, amounts to a breach of planning control, which the local planning authority (LPA) may take enforcement action against (see: Planning enforcement—overview). As all grants of planning permission are decisions made by...

Sword Services Ltd and others v Revenue and Customs Commissioners What was this case about? The taxpayers brought a judicial review to contest payment notices (PPNs) issued by HMRC to members (ie partners) of several film production partnerships, seeking to have those notices quashed. PPNs are a form of accelerated payment notice (APN) given to partnership members. As with an APN, a PPN requires tax to be paid upfront while HMRC’s enquiries into the relevant arrangements are concluded. For more on the accelerated payments regime, see Practice Note: Accelerated payment notices. The taxpayers argued that the PPNs were unlawful on two bases: They were issued to members of a limited liability partnership (LLP), but schedule 32 to the FA 2014 (the PPN legislation) does not, in the taxpayers’ view, authorise HMRC to issue PPNs to LLP members; it applies only to other forms of partnership, such as general or limited partnerships. Condition A, one of the statutory requirements that must be met before...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Public procurement Constitutional and administrative law Judicial review Equality and human rights State security and intelligence Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights NIO publishes Terms of Reference for Independent Review of Windsor Framework The Northern Ireland Office has released the Terms of Reference for an Independent Review of the Windsor Framework, as required by Schedule 6A to the Northern Ireland Act 1998. Initiated after a consent motion cleared the Northern Ireland Assembly without cross-community endorsement, the review will consider how the Framework is working and its influence on social, economic and political life in Northern Ireland. It is consistent with undertakings in the October 2019 Unilateral Declaration and the January 2024 Safeguarding the Union Command Paper. The resulting findings will be submitted to the UK Government, supplying vital...

In this issue Equality and human rights Judicial review Information law International law Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Equality and human rights Supreme Court rules on first Russia sanctions challenge (Shvidler v Foreign Secretary) The Supreme Court concluded, by a 4–1 majority, that the sanctions applied by the Secretary of State for Foreign, Commonwealth and Development Affairs to Mr Shvidler, and, unanimously, that the actions taken by the Secretary of State for Transport against the yacht M/Y Phi owned by Dalston Projects, introduced immediately after Russia’s invasion of Ukraine, were proportionate and lawful notwithstanding the recognised impact on the appellants’ rights under the European Convention on Human Rights. In a robust dissent, Lord Leggatt criticised the majority’s stance in Mr Shvidler’s appeal, holding that the measures against him, as a UK national, were disproportionate and thus unlawful. With...

This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division (CACD) under the Criminal Appeal Act 1968 (CAA 1968), and in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 (CJA 1972) or section 36 of the Criminal Justice Act 1988 (CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal to the CACD...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Practice Note: Planning—enforcement When it appears to a local planning authority (LPA) that planning control has been breached, it may, at its discretion, take enforcement action under Part VII of the Town and Country Planning Act 1990 (TCPA 1990). For these purposes, section 171A of the TCPA 1990 defines a breach of planning control as: undertaking development without the necessary planning permission, or not complying with any condition or limitation attached to a planning permission This Practice Note explains in detail how a breach of planning control is established, when development acquires immunity from enforcement, and the factors an LPA should weigh when deciding whether to proceed with formal measures. Its focus is on the range of steps available to an LPA in response to a breach of planning control. The Practice Note does not address enforcement concerning listed buildings. For that, see Practice Note: Listed buildings enforcement and criminal liability regime in England. For context on its relevance to conservation...

INSOLVENCY ACT APPLICATION NOTICE Use this Precedent alongside an application notice template that accords with the Insolvency (England and Wales) Rules 2016, SI 2016/1024, including Form IAA under IR 2016, r 1.35. Complete the following: case number; court heading (High Court—Business and Property Courts, Insolvency and Companies List (ChD), specifying location where appropriate, or County Court—Business and Property Work); and the matter (company or bankrupt) in bankruptcy and under the Insolvency Act 1986. Identify the Applicant(s) and Respondent(s) with full names and addresses, the company/bankrupt concerned, and the judicial level and court or hearing centre. Confirm whether the application sits within existing insolvency proceedings (YES/NO) and provide the related court reference. Statutory basis: section(s) 238, 239, 339 and/or 340. Relief sought: declaration of preference/transaction at an undervalue; repayment to restore the position; interest under the Court’s equitable jurisdiction or section 35A Senior Courts Act 1981; costs; any further order. Grounds: set out in the numbered witness statement with author and date. Service: list...

Before reaching a decision on a planning application, a local planning authority (LPA) must run a consultation period to gather opinions on the proposed development. This encompasses public consultation. It is open to all members of the public, who may submit representations. To make that process work, the LPA is required to publicise the planning applications it receives. Statutory provisions Section 65 of the Town and Country Planning Act 1990 (TCPA 1990) enables a development order to require that notice is given of any application for planning permission and to make provision for publicising such applications, and it bars an LPA from considering an application unless those requirements are met by virtue of that section. The Town and Country Planning (Development Management Procedure) (England) Order 2015, (TCP(DMP)(E)O 2015), SI 2015/595 is the current development order in England, which sets out the minimum statutory requirements governing the publicity of planning applications. The principal requirements are found in (TCP(DMP)(E)O 2015), SI 2015/595, art 15...