Posted on November 20, 2023November 21, 2023

Rhetoric is an odd word. It survives in phrases such as “rhetorical question” — in other words, a question which isn’t really a question but just a way of drawing attention to something which is supposed to be obvious already. But although the word is not much seen today, it was in past ages tremendously important. For the ancient Greeks and Romans, rhetoric was the art of structuring language so as to make an argument as clear and persuasive as … Continue reading “Rhetoric”

Planning appeals: are they fair?

Posted on June 27, 2023November 21, 2023

If your local plannng authority won’t grant you planning permission, you can appeal.  But what does that actually mean? Well, your appeal goes theoretically to “The Secretary of State”, i.e. the Government minister in charge of the relevant department, which is currently the Department for Levelling Up, Housing and Communities.  In practice, however, appeals go to a planning inspector, appointed by the Planning Inspectorate. It’s worth pointing out that there is more than one type of planning appeal. Most common, … Continue reading “Planning appeals: are they fair?”

Accessing the law

Posted on September 6, 2022September 7, 2022

When we prepare written advice we are careful to refer to the law, so that our clients can see that the advice is soundly-based.  Accessing the law is no great problem:  much of the law of England and Wales is publicly available.  Our clients (and indeed the public at large) can refer to it if they wish. Legislation can be found on the government website www.legislation.gov.uk.  You can find Acts by searching on their title.  The site also contains “delegated” … Continue reading “Accessing the law”

Manors and minerals

Posted on September 2, 2022September 2, 2022

A recent case on manors and minerals — Wynne-Finch v Natural Resources Body for Wales [2021] EWCA Civ 1473 — concerned the rights to a low-grade form of rock known as “mudstone”, underlying substantial areas of land in Wales. The land comprised two manors, which would originally have owned everything beneath the surface, including valuable minerals and other resources.  The question was whether the right to mudstone had been granted away over the years, or whether it had been reserved … Continue reading “Manors and minerals”

Highways: creation

Posted on July 30, 2022August 4, 2022

Creating highways Local authorities have legal powers which enable them to create highways — roads, paths and tracks which the public at large are entitled to use, in order to pass to and fro. But it has long been the case that highways can be created by use over a period of time.  Please see our Highway law page for a fuller explanation.  The law on this subject it is complicated.  But it has always been the case that anyone … Continue reading “Highways: creation”

“Roads” in road traffic legislation

Posted on April 9, 2022August 4, 2022

Definitions For “roads” in road traffic legislation, a definition in section 142(1) of  the Road Traffic Regulation Act 1984 and elsewhere, is an important one.  This is because it is the key to many motoring offences, and to many powers which local authorities can exercise.  The definition is in two parts. It includes highways, and also “any other road to which the public has access”.  But on what terms must the public have access in order for this part of … Continue reading ““Roads” in road traffic legislation”