interpretation – Current Awareness

Adverse possession: applications by squatters to be registered as proprietor – Local Government Lawyer

Posted March 21st, 2025 in adverse possession, interpretation, land registration, local government, news, squatting, Supreme Court by Lily

‘In a leapfrog appeal from the Upper Tribunal (Lands Chamber) the Supreme Court decided the question of how quickly an application, to be registered as the proprietor of a registered estate in land by way of adverse possession, needs to be made by a squatter, following their realisation that they do not in fact own the land which they have been possessing.’

Local Government Lawyer, 21st March 2025

Source: www.localgovernmentlawyer.co.uk

Insurance intermediaries working with offshore insurers may reclaim UK VAT – OUT-LAW.com

Posted March 20th, 2025 in EC law, HM Revenue & Customs, insurance, interpretation, news, taxation, VAT by tracey

‘A recently delivered judgment by the UK’s First-tier Tribunal (Tax) (FTT) will have significant implications for insurance intermediaries and their ability to recover tax, an expert has said.’

OUT-LAW.com, 19th March 2025

Source: www.pinsentmasons.com

Decision not to classify Southport killer as a terrorist was right, says UK watchdog – The Guardian

Posted March 13th, 2025 in children, crime prevention, government departments, interpretation, investigatory powers, murder, news, police, terrorism by sally

‘The decision not to classify Axel Rudakubana as a terrorist following the Southport murders was right because it would be unhelpful to stretch the definition of terrorism to cover all extreme violence, the UK’s terror watchdog has concluded.’

The Guardian, 13th March 2025

Source: www.theguardian.com

Court of Appeal provides helpful guidance in first statutory UK tax residence decision – OUT-LAW.com

Posted February 27th, 2025 in appeals, HM Revenue & Customs, interpretation, news, taxation by sally

‘The Court of Appeal’s guidance on the meaning of “prevention” and “exceptional circumstances” in terms of statutory residency is helpful for UK taxpayers, reinstating a more favourable position than had been previously adopted, an expert has said.’

OUT-LAW.com, 25th February 2025

Source: www.pinsentmasons.com

High Court judge rejects legal challenge by council over Ombudsman report in nursery fees case – Local Government Lawyer

Posted February 14th, 2025 in fees, interpretation, judicial review, local government, maladministration, news, ombudsmen by Lily

‘The High Court has dismissed a council’s application for judicial review against the Local Government and Social Care Ombudsman (LGO) over a report that upheld a complaint of maladministration against the local authority in a nursery school fees case.’

Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

Jamie Burton: When Is Guidance Unlawful on the Ground of Illegality? – UK Constitutional Law Association

Posted February 6th, 2025 in illegality, interpretation, ministers' powers and duties, news, Supreme Court by sally

‘The seemingly ever-growing expanse of “soft-law”, “policy” or “guidance”, (referred to below as “guidance”) has been cautiously welcomed as aiding the business of government and enhancing good public administration. Unsurprisingly, as the textbooks and contributions to this symposium attest, this phenomenon has generated discrete legal problems. The status (not law “as such” (R(A) at [3]), purpose (to ensure consistency in the exercise of discretion – R (Lumba) v. SSHD [2011] UKSC 12), meaning (to be judged objectively – Mandalia v. SSHD [2015] 1 WLR 4546) and content (must be rational, proportionate etc) of these ‘soft law’ iterations have raised questions with varying degrees of significance in terms of the rule of law. One such question is the legitimacy of guidance, judged by reference to its effects, both intended and unintended. This reflects the fact that guidance is often directed towards the actions of persons other than its author(s), often with implications for third parties.’

UK Constitutional Law Association, 5th February 2025

Source: ukconstitutionallaw.org

UKSC to decide what ‘Woman’ means in the Equality Act 2010 – Oxford Human Rights Hub

Posted January 31st, 2025 in appeals, equality, gender, human rights, interpretation, news, Scotland, sex discrimination, statutory interpretation, Supreme Court, transgender persons, women by Lily

‘The UK Supreme Court (UKSC) is poised to deliver its judgment in For Women Scotland v The Scottish Ministers, examining whether “woman” under the Equality Act 2010 (EA) includes trans women with a Gender Recognition Certificate (GRC) issued under the Gender Recognition Act 2004 (GRA). This blog discusses why GRC holders should not be excluded from the EA’s sex discrimination protections.’

Oxford Human Rights Hub, 30th January 2025

Source: ohrh.law.ox.ac.uk

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 24th, 2025 in appeals, chambers articles, interpretation, news, tribunals by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

Gatehouse Chambers, 11th December 2025

Source: gatehouselaw.co.uk

Service of documents – post and deemed service – Nearly Legal

Posted January 20th, 2025 in appeals, housing, interpretation, landlord & tenant, news, notification, postal service, service by tracey

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

Marcus v Marcus: can a non-biological child be ‘a child of the settlor’? – Wilberforce Chambers

Posted January 9th, 2025 in children, families, interpretation, news, trusts by sally

‘In the recent judgment of Marcus v Marcus [2024] EWHC 2086, Master Marsh found that the words “the children and remoter issue of the Settlor” in a settlement meant the two adult sons of the settlor, even though (unbeknownst to the settlor during his lifetime) one of his sons was not biologically his child. The case raises interesting and difficult questions about how “terms of art” should be treated in settlements, wills and contracts. And, how that concept fits with the well-established approach to interpreting documents having regard to the ordinary, natural meaning of words and the intention of the party or parties making the document.’

Wilberforce Chambers, 4th December 2024

Source: www.wilberforce.co.uk

What Financial Remedy Lawyers Need to Know About Emojis – Financial Remedies Journal

Posted November 18th, 2024 in families, family courts, interpretation, legal profession, news, telecommunications by tracey

‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’

Financial Remedies Journal, 15th November 2024

Source: financialremediesjournal.com

Developer wins High Court challenge after inspector misinterpreted policy in neighbourhood plan – Local Government Lawyer

Posted October 25th, 2024 in appeals, housing, interpretation, local government, news, planning by sally

‘Housebuilder Cora Homes has won on one of four grounds in a planning appeal, with Mr Justice Mould ruling he could not say the decision of the inspector concerned would have been the same without the error made.’

Local Government Lawyer, 24th October 2024

Source: www.localgovernmentlawyer.co.uk

“Ariyo, Round 2” – Local Government Lawyer

Posted September 10th, 2024 in immunity, interpretation, local government, news, planning by tracey

‘The Court of Appeal recently upheld a High Court decision quashing a grant of planning permission in which the interpretation of a previous permission played a key part, despite finding that the High Court had misinterpreted that previous permission. Roderick Morton explains why.’

Local Government Lawyer, 5th September

Source: www.localgovernmentlawyer.co.uk

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 – Falcon Chambers

Posted July 29th, 2024 in chambers articles, contracts, costs, indemnities, interpretation, loans, news, penalties by sally

‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’

Falcon Chambers, 4th July 2024

Source: www.falcon-chambers.com

Upper Tribunal provides clarity on interpretation of double tax treaty provisions – OUT-LAW.com

Posted June 21st, 2024 in HM Revenue & Customs, interpretation, news, tax avoidance, taxation, tribunals by michael

‘A recent UK Upper Tribunal decision reaffirms the principles governing the application of double tax conventions and provides clarity on the interpretation of treaty provisions aimed at preventing tax avoidance, an expert has said.’

OUT-LAW.com, 19th June 2024

Source: www.pinsentmasons.com

Court of Appeal rules on construction of securities linked to Argentina’s gross domestic product – 39 Essex Chambers

Posted June 18th, 2024 in chambers articles, contracts, debts, interpretation, news by tracey

‘On 12 June 2024, the Court of Appeal gave judgment in Palladian Partners LP v The Republic of Argentina [2024] EWCA Civ 641, dismissing Argentina’s appeal against a judgment of Picken J ([2023] EWHC 711 (Comm)) which awarded €1.33bn to institutional and corporate holders of certain Euro-denominated debt securities linked to Argentina’s GDP (“the Securities”) under which Argentina had failed to make payment.’

39 Essex Chambers, 14th June 2024

Source: www.39essex.com

Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

The Court of Appeal has held that if the Government’s interpretation of the Paris Agreement is “tenable” the courts will not interfere – Six Pump Court

Posted March 6th, 2024 in appeals, chambers articles, climate change, energy, environmental protection, government departments, interpretation, news by sally

‘The case concerned the UK Government’s approval of UK Export Finance’s (“UKEF”) $1.15 billion investment in a liquified natural gas project in Mozambique. UKEF is the Government’s export credit agency and its aim is to ensure that no viable UK export fails for lack of finance or insurance from the private sector.’

Six Pump Court, 16th January 2024

Source: 6pumpcourt.co.uk

The Sordid Controversies of Litigants? Why and When Facts Matter – Supreme Court

Posted February 27th, 2024 in contracts, interpretation, judiciary, news, Privy Council, Supreme Court by tracey

‘Lady Rose – The Sordid Controversies of Litigants? Why and When Facts Matter. The Neill Law Lecture 2024.’

Supreme Court, 23rd February 2024

Source: www.supremecourt.uk

Lewis Graham: Paused Policies, Secret Policies and the Rule of Law: XY v Secretary of State for the Home Department – UK Constitutional Law Association

Posted February 22nd, 2024 in duty of candour, government departments, immigration, interpretation, news, rule of law, trafficking in human beings by sally

‘It is hard to think of a concept with a more contested definition in legal and political circles than “the rule of law”. The question of what content (if any) might be found within it (and indeed, what “it” even is – a political truth? A normative ideal? A mere slogan?) has been taken up, with varying degrees of enthusiasm, by first-year law students, wizened academics, campaigning groups and politicians. If it sometimes seems that a thicker, rights-laden understanding of the term has taken root, detractors are always quick to emerge, eager to remind us of what the rule of law is and what it is not. There is a real danger in piling too much upon the notion so as to distort the concept, which may cause us to lose sight of why the rule of law is uniquely important. At the very least, framing the rule of law narrowly helps ensure that an appropriate degree of opprobrium can be generated in those instances when it is, in fact, undermined.’

UK Constitutional Law Association, 22nd February 2024

Source: ukconstitutionallaw.org

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