Cannabis law and regulation / Mark Taylor.

Format:

Book

Author/Creator:

Taylor, Mark, author.

Series:

Bloomsbury professional law insights

Language:

English

Subjects (All):

Narcotic laws.

Drug legalization.

Cannabis--Law and legislation.

Cannabis.

Physical Description:

1 online resource (72 pages).

Edition:

1st ed.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

London [England] : Bloomsbury Professional, 2020.

Summary:

A concise collation of the relevant materials for each relevant stage of an appeal. Taking costs applications as an example, it brings together: the statutory basis for a costs award; the relevant procedure rules; the guidance in the National Planning Practice Guidance; summaries or extracts example costs decisions which show how particular points are often decided and provides commentary and observations. Preparing. Provides a step by step guide to framing a case, supporting it with effective evidence and advice on how to avoid pitfalls. Giving evidence. The focus of any appeal is the inquiry or hearing. The function of the inquiry and its key elements have to be understood in order to be effective within it. It covers the benefits of a good examination in chief; what can be achieved during cross examination and how are you (as witness, client, solicitor) going to contribute; does re-examination matter and how does all this relate to what is said ultimately in closing submissions? The Rosewell Review . Provides detailed explanation of the impact of the Rosewell Review.This title is included in Bloomsbury Professional's Planning Law online service.

Contents:

Intro

Preface

Foreword

List of Abbreviations

Table of Statutes

Table of Statutory Instruments

Table of Cases

Chapter 1 The scope of appeals

Why appeal?

What is an appeal?

Appealing against what?

By whom?

Recovery and call-in by a Secretary of State

Recovery

Call-in

Chapter 2 Commencement

Making the appeal

DMPO requirements

Validity

The procedure rules

Commencement in practice: mode of appeal, statement of case and statement of common ground

Tables of timescales (as at April 2020)

Testing

Complexity

Local interest

Statements of common ground

Statements of case and hearing statements

Enforcement - grounds of appeal

Practical pointers

Chapter 3 Written evidence and representations

What are you trying to show?

Main issues

The positive case

Other issues

A case example

How are you going to show it?

Audiences

Professional duties and declarations by experts

Codes of Professional Conduct

Fee agreements

Drafting - spending longer producing less text

Brevity

Structure

A specialist's proof - facts, assessments and opinions

Issues within issues

Format and practicality

Core documents

Summary proofs

Chapter 4 Managing appeals and Rosewell

Appeal timetables

Summary of deadlines

Written representations

Hearings

Rosewell Review

Scope

Focus and recommendations

Case management conferences

An effective and efficient Rosewell inquiry

Chapter 5 Inquiries

The structure and purpose of the inquiry

Types of inquiry and running orders

Section 78 appeals and call-in inquiries

Enforcement

CPO, highways, Transport and Works Act

Appearances

From opening remarks to closing submissions

Oral evidence

Effective evidence in chief

Objectives of cross examination and its conduct.

A right to cross examine?

Purpose

Practice

Parameters

Inspector's questions and third parties

Re-examination

Conditions, obligations and site visits

Procedural fairness

Practical matters

Interested persons

Inquiry rooms

Welsh language

Adjournment

Chapter 6 Hearings

Overview

Rules

Notification of hearing

Inquisitorial proceedings

The Inspector's duty at a hearing

Late evidence

Format, roles and being effective

Conditions and site visit

Chapter 7 Remote events and electronic documents

The issues

Digital documents

Virtual events

Site visits

Chapter 8 Costs

Legal basis

Aims, objectives and purpose

Scope and nature of the costs jurisdiction

Two different regimes - planning appeals and CPO etc

Compulsory purchase and other objections based on property rights

Unreasonable behaviour

Procedure

Current guidance

Examples of costs decisions

Interested parties

Amount of the award

Chapter 9 Applications and appeals against Secretary of State decisions

Rights

Venue and timescales

Parties

Costs

Chapter 10 Where next?

Full use of digital documentation

Proportionate and careful use of telephone and video

Integration and transparency

Professional teams

APPENDICES

1 Town and Country Planning Act 1990, ss 70, 77 and 78 (as amended)

2 Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595)

3 Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 (SI 2000/1625) (as amended)

4 Town and Country Planning (Hearings Procedure) (England) Rules 2000 (SI 2000/1626) (as amended).

5 Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 (SI 2002/2685) (as amended)

6 Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (SI 2017/544)

7 Timescales - Rosewell

8 Plan of an inquiry room

9 Bar Council Code of Conduct - extracts

10 RTPI Code of Professional Conduct

11 RICS Rules of Conduct for Members

Index.

Notes:

Includes index.

ISBN:

9781526515308

152651530X

9781526515315

1526515318

9781526513540

1526513544

9781526513526

1526513528

OCLC:

1155069207