Category: interpretation

Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily

Posted July 22nd, 2013 in appeals, human rights, interpretation, law reports, notification, proportionality, sentencing, sexual offences by sally

Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289

“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Part 82: The worrying new rules of the Secret Court – UK Human Rights Blog

Posted July 15th, 2013 in civil procedure rules, closed material, inquiries, interpretation, news, parliament by sally

“While MPs were dreaming of the imminent long summer break and a possible pay hike, in mid-June the Government produced the draft amendments to the Civil Procedure Rules (‘CPR’) necessary to bring Part 2 of the Justice and Security Act 2013 (‘JSA’) into force. Many – including JUSTICE – consider the Act’s introduction of closed material procedures (‘CMP’) into civil proceedings unfair, unnecessary and unjustified.”

Full story

UK Human Rights Blog, 12th July 2013

Source: www.ukhumanrightsblog.com

Privacy campaigners demand review of snooping laws – The Guardian

Posted July 15th, 2013 in bills, data protection, human rights, intelligence services, interception, internet, interpretation, investigatory powers, news, privacy, telecommunications, whistleblowers by sally

“Seven of the UK’s leading human rights groups and privacy campaigners have demanded an urgent review of the laws being used to authorise the mass collection and analysis of data by Britain’s spy centre, GCHQ.”

Full story

The Guardian, 14th July 2013

Source: www.guardian.co.uk

Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square

Posted July 3rd, 2013 in contracts, damages, interpretation, limitations, negligence, news, planning by sally

“The judgment develops the growing body of case law surrounding planning consultants and both the substantive and costs judgments will be of interest to construction and costs practitioners alike. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.”

Full story (PDF)

4 New Square, 1st July 2013

Source: www.4newsquare.com

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker – WLR Daily

Posted July 1st, 2013 in EC law, interpretation, law reports, trade marks by tracey

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker: (Case C-320/12); [2013] WLR (D) 258

“The concept of ‘bad faith’ within article 4(4)(g) of Parliament and Council Directive 2008/95/EC of 22 October 2008 (to approximate the laws of the member states relating to trade marks) was an autonomous concept of European Union law which had to be given a uniform interpretation within the Union. The fact that the applicant for a trade mark registration knew or should have known that a third party was using a mark abroad at the time of filing his application, which was liable to be confused with his mark, was not sufficient, in itself, to permit the conclusion that the applicant was acting in bad faith. Member states were not permitted to introduce a system of specific protection of foreign marks which differed from the system established by article 4(4)(g) and which was based on the fact that the person making the application for registration of a mark knew or should have known of a foreign mark.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

 

The legal loopholes that allow GCHQ to spy on the world – The Guardian

Posted June 24th, 2013 in complaints, intelligence services, interception, internet, interpretation, news, privacy, telecommunications by sally

“William Hague has hailed GCHQ’s ‘democratic accountability’, but legislation drafted before a huge expansion of internet traffic appears to offer flexibility.”

Full story

The Guardian, 21st June 2013

Source: www.guardian.co.uk

Derek Hodd Ltd v Climate Change Capital Ltd – WLR Daily

Posted June 20th, 2013 in contracts, interpretation, law reports by sally

Derek Hodd Ltd v Climate Change Capital Ltd [2013] EWHC 1665 (Ch); [2013] WLR (D) 238

“Where there had been a misnomer of a party to an agreement the court was able to take into account the same evidence of the background as would be admissible for the purpose of interpreting the contract, including any relevant course of dealing between the parties.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

Does the law need to be rectified? Chartbrook revisited – The Chancery Bar Association

Posted June 13th, 2013 in contracts, drafting, interpretation, news, speeches by sally

Does the law need to be rectified? Chartbrook revisited (PDF)

The Chancery Bar Association, Annual Lecture 2013

Source: www.chba.org.uk

Ahmadi v Secretary of State for the Home Department – WLR Daily

Posted May 13th, 2013 in appeals, asylum, immigration, interpretation, law reports by tracey

Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170

“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Making your child go to school: teenager’s chaotic lifestyle and parent’s inability to control not a defence to prosecution – Education Law Blog

Posted May 13th, 2013 in interpretation, news, parental responsibility, school children by tracey

“As all education lawyers know, the parent of a child who fails to attend school regularly commits a criminal offence punishable by a fine of up to £1000 (section 444(1) of the Education Act 1996). If the parent knows her child is failing to attend school and fails to cause her to do so, the ‘aggravated’ form of the offence (section 444(1A)) is committed which is punishable by a fine of up to £2500 and/or up to 3 months’ imprisonment. One of the statutory defences to both charges is that the child was prevented from attending ‘by reason of sickness or any unavoidable cause’ (section 444(2A)). It is a defence to the aggravated charge to prove reasonable justification for the failure to cause the child to attend (section 444(1B)).”

Full story

Education Law Blog, 10th May 2013

Source: www.education11kbw.com

Christians launch landmark human rights case – Daily Telegraph

Posted April 22nd, 2013 in Christianity, freedom of expression, health & safety, human rights, interpretation, news, religious discrimination by sally

“Christians are to launch a landmark legal case arguing their religion is being treated as a ‘thought crime’ by government and courts.”

Full story

Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily

Posted March 4th, 2013 in artistic works, copyright, EC law, injunctions, internet, interpretation, jurisdiction, law reports by sally

EMI Records Ltd and others v British Sky Broadcasting Ltd and others [2013] EWHC 379 (Ch); [2013] WLR (D) 86

“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Without prejudice communications – 11 Stone Buildings

Posted February 27th, 2013 in admissibility, contracts, evidence, interpretation, news, without prejudice communications by sally

“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

Residing together, apart – NearlyLegal

Posted February 25th, 2013 in appeals, families, housing, interpretation, local government, news, time limits by sally

“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”

Full story

NearlyLegal, 24th February 2013

Source: www.nearlylegal.co.uk

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) – Supreme Court

Posted February 21st, 2013 in appeals, families, health, homelessness, housing, interpretation, law reports, local government, Supreme Court by sally

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) [2013] UKSC 10 | UKSC 2011/0117 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Don’t tell (and didn’t ask) – NearlyLegal

Posted January 28th, 2013 in appeals, complaints, interpretation, landlord & tenant, news, repossession by sally

“Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made. [s.128(6)]”

Full story

NearlyLegal, 26th January 2013

Source: www.nearlylegal.co.uk

Government consults on extending producers and performers’ rights in sound recordings – OUT-LAW.com

Posted January 9th, 2013 in consultations, contracts, copyright, EC law, interpretation, news by sally

“The Government is consulting on new laws which would extend producers’ and performers’ rights in sound recordings from 50 to 70 years.”

Full story

OUT-LAW.com, 9th January 2013

Source: www.out-law.com

Football Association Premier League Ltd v QC Leisure and others – WLR Daily

Posted January 7th, 2013 in copyright, EC law, interpretation, law reports, sport, telecommunications by sally

Football Association Premier League Ltd v QC Leisure and others [2012] EWCA Civ 1708; [2012] WLR (D) 392

“Section 72(1)(c) of the Copyright, Designs and Patents Act 1988, as amended, which provided, inter alia, that the showing or playing in public of a broadcast to an audience who had not paid for admission to the place where the broadcast was to be seen or heard did not infringe any copyright in any film included in it, provided a defence to the act of communicating a film included in a broadcast to the public, which would otherwise be an act restricted by copyright under section 20 of the Act.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

Votes for prisoners: UK told it must implement ECHR decisions – The Guardian

Posted December 10th, 2012 in bills, elections, enforcement, human rights, interpretation, news, prisons by sally

“The government has been handed a mild reprimand by the Council of Europe for its delaying tactics over giving prisoners the right to vote.”

Full story

The Guardian, 10th December 2012

Source: www.guardian.co.uk

Yeates and another v Line and another – WLR Daily

Posted November 14th, 2012 in adverse possession, compromise, contracts, interpretation, land registration, law reports by sally

Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319

“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”

WLR Daily, 12th November 2012

Source: www.iclr.co.uk