Category: interpretation

Interpreting legal language: can “he” truly be gender neutral? – Halsbury’s Law Exchange

Posted January 15th, 2014 in gender, interpretation, news by tracey

‘Until the discovery of telepathy (or perhaps some sort of machine equivalent), we must rely on language as our way of conveying unambiguous meaning to each other. That need is particularly pressing when it comes to the law. So, it was refreshing to see a discussion on language in the House of Lords recently, when Lord Scott invited a debate on personal pronouns and their semantic infelicities in Acts and statutory instruments. Or, in plain English, when is a “he” also a “she” as a matter of law? This may not sound particularly confusing, but, because judges have always had to interpret the law as written (unless there is a compelling reason not to), it is important to remove as much ambiguity from the finished Act as possible.’

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Halsbury’s Law Exchange, 14th January 2014

Source: www.halsburyslawexchange.co.uk

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

Posted January 6th, 2014 in adoption, appeals, families, guardianship, human rights, immigration, interpretation, law reports, Supreme Court by sally

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Cormac Mac Amhlaigh: Once More Unto the (Public/Private) Breach …: s. 6 of the Human Rights Act 1998 and the Severability Thesis – UK Constitutional Law Group

Posted December 16th, 2013 in demonstrations, human rights, injunctions, interpretation, news, public private partnerships by sally

‘Two interesting recent blog posts dealt with the meaning of public and private under s. 6 of the Human Rights Act 1998. They were motivated by injunction proceedings in the High court whereby the Olympic Delivery Authority, (ODA) the body charged with the logistics and infrastructure of the London Olympic Games, had sought injunctions to restrain protestors from entering and occupying land which was to be developed as part of the Olympic site. The main issues emerging from this case discussed in the two posts was whether the ODA constituted a ‘core’ or ‘hybrid’ public authority under s. 6 HRA; whether it could itself enjoy human rights to defeat or counter any human rights obligations it may hold in its capacity as a ‘hybrid’ body exercising public functions; and where the ‘centre of gravity’ for determining the human rights obligations of hybrid bodies lay under the Act; under the s. 6(3)(b) ‘public function’ test or the definition of ‘private act’ under s. 6(5).’

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UK Constitutional Law Group, 13th December 2013

Source: www.ukconstituionallaw.org

Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily

Posted December 9th, 2013 in education, immigration, interpretation, law reports, sponsored immigrants, tribunals by sally

Pokhriyal v Secretary of State for the Home Department; Hussain v Same [2013] EWCA Civ 1568; [2013] WLR (D) 471

‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

The Permissive Notice – NearlyLegal

Posted December 9th, 2013 in appeals, interpretation, landlord & tenant, news, repossession by sally

‘Spencer v Taylor [2013] EWCA Civ 1600. This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.’

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NearlyLegal, 8th December 2013

Source: www.nearlylegal.co.uk

Senior judge: European court of human rights undermining democratic process – The Guardian

Posted December 4th, 2013 in detention, elections, human rights, interpretation, judges, judiciary, jurisdiction, news, Northern Ireland, prisons, Supreme Court by sally

‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’

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The Guardian, 28th November 2013

Source: www.guardian.co.uk

Stop deferring to human rights court, says senior judge – The Guardian

Posted November 28th, 2013 in courts, human rights, interpretation, judges, news, speeches, treaties by tracey

‘UK courts should stop deferring to the European court of human rights on every issue and develop their own rulings, according to Lord Justice Laws, the longest serving court of appeal judge.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

Mother loses fight to home-school disabled son – Daily Telegraph

Posted November 13th, 2013 in appeals, disabled persons, education, interpretation, local government, mental health, news by tracey

“A mother has lost her legal battle to be allowed to teach her disabled son at home after a senior judge ruled that he had to live 100 miles away to receive specialist education.”

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Daily Telegraph, 12th November 2013

Source: www.telegraph.co.uk

Fordent Holdings Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted November 4th, 2013 in change of use, interpretation, law reports, planning by sally

Fordent Holdings Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2844 (Admin); [2013] WLR (D) 418

“A material change of use of Green Belt land was capable of falling within the scope of paragraph 81 of the National Planning Policy Framework (‘NPPF’), but would not by definition be appropriate development as a result. Rather, such a change of use would be a material consideration in determining whether there existed very special reasons for permitting otherwise inappropriate development falling outwith the terms of paragraphs 89 and 90 of the NPPF.”

WLR Daily, 26th October 2013

Source: www.iclr.co.uk

New cookies guidance highlights intra-EU differences on data protection definitions, says expert – OUT-LAW.com

Posted October 21st, 2013 in advertising, consent, data protection, EC law, internet, interpretation, news, privacy by sally

“New guidance issued by an EU privacy advisory body on ‘cookies’ highlights a continuing lack of harmonisation on definitions central to European data protection laws, which are interpreted differently across different EU countries, an expert has said.”

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OUT-LAW.com, 17th October 2013

Source: www.out-law.com

High Court bans TVCatchup from streaming broadcasters’ content over mobile networks – OUT-LAW.com

Posted October 16th, 2013 in copyright, EC law, internet, interpretation, media, news, telecommunications by sally

“Three UK broadcasters have won the right to prevent an online streaming service provider from retransmitting the TV programmes they show to users of mobile devices via any ‘mobile telephony network’.”

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OUT-LAW.com, 15th October 2013

Source: www.out-law.com

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) – WLR Daily

Posted October 14th, 2013 in benefits, EC law, interpretation, jurisdiction, law reports, pensions by sally

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) (Case C-321/12); [2013] WLR (D) 375

“On the proper interpretation of article 28(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, (as amended), ‘legislation’ to which a pensioner had been subject for the longest period of time, for the purpose of that provision, referred to legislation concerning pensions.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Criminal compensation reforms would shift burden of proof on to victims – The Guardian

Posted October 14th, 2013 in bills, burden of proof, compensation, criminal justice, interpretation, judicial review, miscarriage of justice, news, victims by sally

“Victims of miscarriages of justice will have to prove their innocence in future or endure damaged reputations, human rights groups and Labour’s parliamentary frontbench are warning.”

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The Guardian, 14th October 2013

Source: www.guardian.co.uk

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening – WLR Daily

Posted October 9th, 2013 in admissibility, animals, appeals, EC law, hunting, interpretation, law reports, sale of goods by sally

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening (Case C-583/11P); [2013] WLR (D) 370

“An action for annulment of a ‘regulatory act’ within the meaning of the fourth paragraph of article 263FEU of the FEU Treaty was available to an individual with a direct concern in an act of general application which was not a legislative act.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening – WLR Daily

Posted October 7th, 2013 in appeals, EC law, internet, interpretation, law reports, publishing, time limits by sally

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening (Case C-626/11P); [2013] WLR (D) 365

“Where the period of time allowed for commencing proceedings against a measure adopted by an European Union institution ran from the publication of that measure, the provisions of rule 102(1) of the Rules of Procedure of the General Court whereby that period was to be calculated from the end of the 14th day after publication in the Official Journal of the European Union, applied to any published measure irrespective of the means of publication.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

The Colour Purple – Société Des Produits Nestlé S.A. v Cadbury UK Ltd – NIPC Law

Posted October 7th, 2013 in appeals, interpretation, news, trade marks by sally

“The colour purple (or rather pantone 2685C) is only slightly less gripping. It is the subject of a tussle between two of the world’s largest confectionery companies the latest stage of which has just ended in the Court of Appeal ( Société Des Produits Nestlé S.A. v Cadbury UK Ltd. [2013] EWCA Civ 1174 (4 Oct 2013)).”

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NIPC Law, 4th October 2013

Source: www.nipclaw.blogspot.co.uk

Alison L. Young: Prisoner Voting: Human or Constitutional Right? – UK Constitutional Law Group

Posted September 30th, 2013 in bills, elections, human rights, interpretation, jurisdiction, news, prisons, select committees by sally

“As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human Rights concluded that Section 3(1) of the Representation of the People Act 1983, which removed the franchise from prisoners, was a disproportionate restriction of the right to vote found in article 3 of the First Protocol to the European Convention on Human Rights. After two consultation papers, further judgments from the European Court of Human Rights, a declaration of incompatibility from the Scottish courts, a series of criticisms from the Committee of Ministers of the Council of Europe and the Joint Committee of Human Rights, a change of Government and a House of Commons debate, the Voting Eligibility (Prisoners) Draft Bill was proposed and is currently being scrutinised by a Joint Select Committee. To add to the mix, we are awaiting judgment on the latest discussion of the issue by the UK Supreme Court, in R (Chester) v Secretary of State for Justice and McGeogh v Lord President of the Council, heard on 10 June, not to mention the adjourned case of Firth v United Kingdom.”

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UK Constitutional Law Group, 27th September 2013

Source: www.ukconstitutionallaw.org

Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily

Posted September 2nd, 2013 in environmental protection, interpretation, judicial review, law reports, local government, planning, public interest by sally

Regina (Cherkley Campaign Ltd) v Mole Valley District Council [2013] EWHC 2582 (Admin); [2013] WLR (D) 340

“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”

WLR Daily, 22nd August 2013

Source: www.iclr.co.uk

Landmark planning judgment holes golf course plan – Law Society’s Gazette

Posted August 27th, 2013 in environmental protection, interpretation, judicial review, news, planning, public interest by tracey

“Green-belt campaigners have successfully challenged a scheme to turn the former home of press baron Lord Beaverbrook into a hotel and golf course, with a judgment that ‘engages the fundamentals of planning law’.”

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Law Society’s Gazette, 22nd August 2013

Surce: www.lawgazette.co.uk

“All Money” Guarantees Mean What They Say – Littleton Chambers

Posted July 31st, 2013 in banking, contracts, guarantees, interpretation, news, vicarious liability by sally

“On 9 July I looked at a Court of Appeal decision which showed that it remained arguable that a change in the arrangements between a creditor and the principal debtor might so alter the subject matter of what was guaranteed as to discharge the guarantor. This week comes a timely reminder that the first and fundamental step is to construe the contract to see what obligations are covered by the guarantee.”

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Littleton Chambers, 19th July 2013

Source: www.littletonchambers.com