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High Court rules that an application for a summons made by an unincorporated solicitors' firm was invalid under an applicable statute, on the grounds that the term 'person' in the context of the statute requires a legal personality capable of being precisely identified, which does not include an unincorporated body such as a solicitors' firm; and consequently, the summons issued on the firm's application was not authorised, leading to the conclusion that specificity is required in identifying the applicant for a summons, not ambiguity.
Courts (No. 3) Act 1986 - Civil Liability and Courts Act 2004 - Interpretation Act 2005 - summons application - unincorporated solicitors' firm - legal personality - administrative procedure - invalid summons - prosecutorial authority - legal personhood - District Court - High Court - legal interpretation - statutory construction - enforcement notice - Planning and Development Act 2000 -unauthorised development.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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