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Compulsory Purchase and Surplus Land – Court of Appeal Test Case

Large infrastructure projects often require the compulsory purchase of swathes of privately-owned land by public authorities – but what happens if land so acquired turns out not to be needed after all? The Court of Appeal tackled that important issue in the context of London’s Crossrail development. Using powers under The Crossrail Act 2008, extremely...

You Don’t Have to Be Awake to Receive the National Minimum Wage

Many people might think that those who sleep on the job would not be entitled to be paid the National Minimum Wage (NMW) whilst their eyes are closed. But that is by no means always the case and the Employment Appeal Tribunal (EAT) has given guidance on the issue in an important test case, particularly for the care sector. The EAT was dealing with three appeals...

Neighbourhood Plan Instrumental in Defeating 100-Home Development

Neighbourhood plans made under the Localism Act 2011 are a vital means of ensuring that the voices of local people are heard in the planning process. In a High Court case that underlined the point, a neighbourhood plan was instrumental in defeating plans for construction of up to 100 new homes in a county town. In refusing consent for the development, the...

Technology Harnessed to Reduce Costs of Holiday Group Insolvency

Paperwork costs of insolvency proceedings in respect of large companies with many clients can be very high. However, one High Court case concerning a troubled group of holiday companies showed that technology can be harnessed to achieve economy in the interest of creditors. The four companies had between them over 14,000 customers when they went into...

Homeowner Overturns Gypsy Encampment Planning Permission

It is sometimes said that objectors’ opinions are not given enough weight in planning decisions. However, in one case, a determined homeowner obtained specialist legal advice and succeeded in overturning planning permission for a gypsy encampment that spoilt his views. Gypsy families had been living on land overlooked from the man’s home for several years...

Employees Must Never Be Penalised for Standing on Their Rights

It is hardly surprising that some people feel reluctant to make legal complaints about their existing employers. However, as one case concerning an NHS worker strikingly showed, such claims are commonplace and the law requires that employees must never be penalised for standing up for their rights. The biochemist had in the past brought a successful race...