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15 April 2010
Issue: 7413 / Categories: Case law , Law digest
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Commons registration

R (on the application of Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and another) v Oxfordshire County Council [2010] EWHC 530 (Admin), [2010] All ER (D) 249 (Mar)

The following principles could be derived from the authorities concerning the correct approach to deciding whether a particular notice had rendered the use of a particular land contentious:

(i) the fundamental question was what the notice conveyed to the user; (ii) evidence of the actual response to the notice by the actual users was thus relevant to the question of actual knowledge and might also be relevant as to the putative knowledge of the reasonable user; (iii) the nature and content of the notice, and its effect, had to be examined in context; (iv) the notice should be read in a common sense and not legalistic way; and (v) if it was suggested that the owner should have done something more than erect the actual notice, whether in terms of a different notice or some other act, the court should consider whether anything more would have been proportionate to

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The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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