CPD Record Flashcards
What is the Purpose of a Judicial Review?
To review the lawfulness of a decision or an action made by a public body.
When is a Judicial Review typically used?
Whereby there is no alternative remedy, in my work it is more likely in District Valuer Services whereby there are Right to Buy/ Right to Acquire determinations and Community Infrastructure Levy Appeals.
What is the ABET principle?
A - Actual Occupation, possession does not constitute occupation, although possession can count as occupation if there is no other occupier.
B - Beneficial occupation, Must be of some benefit or value to the occupier, not necessarily pecuniary.
E - Exclusive or paramount occupation, Is the persons position in relation to the occupation of the land paramount for the purpose in which the land is used?
T - Transience, there needs to be a degree of permanence, in the majority of cases this is 12 months, however it has been less in more extensive hereditaments.
Explain the Customs Act 2005 to me
Its an act of Parliament that combined the Inland Revenue and HM Customs and Excise into HMRC, sets out the rules under which we operate such as confidentiality.
