Time at large meaning

The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles: a heavier vehicle striking a lighter one creates a greater impact than a crash between vehicles of comparable weight. Age and design of the vehicle: some models provide better shock absorption, for example with large bumpers. Location of impact: a direct rear-end hit passes more energy than a collision at an angle. Presence of a tow bar: a tow bar channels impact energy through the car, increasing injury risk. Handbrake applied: engaging the handbrake reduces the likelihood of injury. Claimant’s age and sex: females face a higher chance of whiplash, and risk rises with age. A pre-existing medical condition: heightens susceptibility to whiplash injury. Whether the claimant anticipated the impact and braced themselves: bracing diminishes the risk of neck...

Bastholm and others v Peveril Securities (Dalton Park Retail) Ltd and others [2023] EWHC 438 (Ch) Background The dispute concerned a demand for overage under a Payment Deed connected to the creation of a large designer outlet and retail centre at Dalton Park, County Durham. The Deed identified the ‘Seller’ as five named individuals and set out a valuation process by expert determination, to be initiated by an application to the Royal Institution of Chartered Surveyors (RICS). In 2014, those five applied to RICS seeking the appointment of an expert to assess the value of development said to have occurred in 2002. By that time, one of the five had been adjudged bankrupt and later discharged, and his Trustee in Bankruptcy was not included in the approach to RICS. The first defendant, who owned the relevant land, contended that the application was ineffective because it was not made by the true ‘Seller’, as the bankrupt’s estate – including any choses in action – had vested in his Trustee...

What are the practical implications of this case? In a standard, rather than mental health, breathing space moratorium, a creditor will generally find it simpler to persuade the court to continue with a bankruptcy petition already on foot than to secure permission to present a fresh petition, because, in the former scenario, the court’s discretion is not constrained by the limitations imposed by the breathing space legislation, whereas seeking to present during the moratorium engages those constraints. Moreover, in applying those statutory limits, where the debtor has had ample time to obtain advice, explore alternative solutions, and prepare adequately for a hearing, allowing the petition to proceed will not be viewed as causing the debtor any detriment. A petition will also not constitute an abuse of process for an extraneous purpose merely because a creditor is angry or vengeful; rather, there must be evidence showing that the petition was brought with the intention of harming the debtor, as opposed to legitimately setting the bankruptcy process in motion. Accordingly, continuation...

What are the key proposals in the consultation? Novel nuclear technologies—small and advanced modular reactors EN-7 will be the first national planning policy crafted specifically to cater for, and govern, nuclear generation beyond conventional gigawatt-scale stations. In particular, EN-7 will extend to small modular reactors (SMRs) and advanced modular reactors (AMRs). SMRs are compact iterations of established light water reactor designs, whereas AMRs are distinguished by innovative fuels and alternative cooling methods. This represents a significant break from earlier policy and is meant to enable nuclear schemes to be delivered in settings and for uses where large fission plants are ill-suited... A new approach to locating nuclear generation The existing NPS for nuclear generation (EN-6) named eight sites regarded as potentially appropriate for gigawatt-scale nuclear developments, at which promoters could seek consent to build a station. Those sites were chosen following the government’s extensive strategic site assessment over three years prior to EN-6 being designated in 2011. EN-7 will signify a pronounced shift away from this...

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still sets out distinct mechanisms for dispute resolution, AH(S)A 2003 has substantially reshaped them, so that the arrangements for resolving disputes under 1991 Act Tenancies are, in large part, aligned with those for 2003 Act Tenancies...

Taxpayers who settle tax after the deadline are liable to interest, charged at a rate laid down in law. The Finance Act 2009 (FA 2009) established a unified framework for interest on late-paid tax intended to apply across all taxes, excluding excise duties; corporation tax and petroleum revenue tax were at first outside the framework, but are now slated for inclusion from a date yet to be confirmed. This Practice Note outlines both the unified rules and also covers how interest may arise where late payment falls outside that framework. Harmonised late paid interest regime The FA 2009 framework is being phased in progressively across the different taxes...

This Practice Note reviews the principal issues and risks that routinely arise on major construction for education providers, spanning higher education, further education, academies and independent schools. See also Practice Note: Building Schools for the Future/Priority School Building Programme [Archived]. Typical procurement routes While any conventional procurement route can be used on an education project, three factors usually drive the route selected by education clients for their construction programmes: Nature of client Education clients seldom commission large capital schemes. It is not their core activity and, except for sizeable university estates teams, they rarely possess the in-house expertise to procure major works successfully. They are regarded as inexperienced construction clients. Funding Funding is often capped and time limited. As a result, works are commonly let on a fixed-price contract, typically at a higher cost, to secure the level of certainty and control sought by funders (public or private investment) and governors. See Funding below. Risk management Site risks on education schemes are generally...