Cornerstone Barristers

This Practice Note explains the power to obtain communication data by interception warrant under Part 2, Chapter 1 of the Investigatory Powers Act 2016 (IPA 2016). It explains the offence of unlawful interception of communications data under IPA 2016, s 3 which includes phone tapping or phone hacking) and explores what constitutes ‘lawful authority’ for the purposes of intercepting communications data. This Practice Note also explains the procedure for obtaining an interception warrant, a mutual assistance warrant or a bulk interception warrant and how intercepted communications can be used in legal proceedings.

This archived Practice Note discusses the requirement in the National Planning Policy Framework (NPPF) as first published in 2012 for local planning authorities to plan to meet full, objectively assessed needs (OAN) for market and affordable housing in their areas. It covers: the policy background as contained in the now replaced 2012 version of the NPPF, the approach in the courts, sanctions, the approach to deriving OAN in the now replaced 2012 version of the NPPF, the role of affordable housing, backlogs and shortfalls, persistent under-delivery and the buffers, supply and lapses, and the position where a recent neighbourhood plan is in place. The approach to housing need as it currently applies is covered in a separate Practice Note.

This Practice Note discusses the requirement in the National Planning Policy Framework for local planning authorities to plan to meet their local housing need. It covers: the policy background, the approach in the courts, sanctions, the approach to deriving housing need, the role of affordable housing, backlogs and shortfalls, buffers, supply and lapses, and the position where a recent neighbourhood plan is in place.

This Practice Note provides an introduction to the public sector equality duty (PSED) under the Equality Act 2010 and its role in the day-to-day business of public authorities and bodies. It highlights the key aims of the duty and breaks down relevant definitions such as ‘relevant protected characteristic’. Highlighting the scope and application of the PSED, this Practice Note provides references to case law and guidance to illustrate key considerations for delivering the different aims. It also discusses the processes for assessment under the PSED and the role and involvement of the Equality and Human Rights Commission.

This Practice Note provides guidance upon the tenancy condition, which must be satisfied in order for a tenant to have security of tenure pursuant to section 79 of the Housing Act 1985. It also considers the issues which can arise where security of tenure is threatened.