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26 March 2010
Issue: 7410 / Categories: Case law , Law digest
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Highways

R (on the application of Maroudas) v Secretary of State for Environment Food and Rural Affairs [2010] EWCA Civ 280, [2010] All ER (D) 171 (Mar)

For purposes of the Natural Environment and Rural Communities Act 2006, s 67(3) an application had to strictly comply with para 1 of Sch 14 of the Wildlife and Countryside Act 1981. However, that did not mean that a valid application had to be contained in a single document. Minor departures from the requirements of para 1 did not invalidate an application. There were circumstances in which a valid application could be contained in the application form when read with another document.

For example, a valid application could be made where supplementary information was provided to make good an error or omission in the application, at any rate if the information was provided within a very short time of the submission of the application form. It was not necessary to define the limits of permissible departures from the strict requirements Sch 14, para 1.
 

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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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