‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’
UKSC Blog, 21st May 2021
Source: ukscblog.com
‘The short answer to this question is yes. But matters become slightly more complicated when considering how this can be done.’
Practical Law: Construction Blog, 19th May 2021
‘The Uber BV v Aslam [2021] UKSC 5 (“Uber (SC)”) judgment from the Supreme Court represents the final chapter in the long-running saga of determining the employment status of drivers who provided trips to passengers via the Uber app. As highlighted by Valerio De Stefano, the finding that the drivers must be classed as workers is part of a wider trend of decisions rejecting arguments that platform workers fall outside the regulatory scope of employment law. This blog considers key aspects of the Supreme Court’s reasoning, relating to the “purposive approach” and the role of contractual documentation in determining employment status, as well as some of the practical consequences of the judgment for workers.’
UK Labour Law, 1st April 2021
Source: uklabourlawblog.com
‘Paul Stagg analyses an important decision this month on “failure to remove” claims and also summarises the other case law to date, before looking at pending cases and the likely way forward to the higher courts.’
Local Government Lawyer, 26th February 2021
Source: www.localgovernmentlawyer.co.uk
‘The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual interpretation” (as stated by Lord Hodge in Wood v Capita Insurance Services Ltd). That means the factual background (matrix of fact) and commercial common sense still have a role to play where the plain meaning of the words is not clear (which is usually the reason why there is a dispute in the first place).’
Practical Law: Construction Blog, 23rd February 2021
‘It has become cliché to say that modern familial arrangements are vastly different now to how they were 50 years ago, but that does not make it any less true. In 2019, almost half of all births were outside of a marriage or civil-partnership, and 3,440 children were adopted from local authority care. With the passage of the Marriage (Same-Sex Couples) Act 2013, and the Civil Partnership (Opposite Sex Couples) Regulations 2019, the range of relationships that can be legally recognised, and the form that this recognition takes are also very different. Given the age of many settlements, traditional definitions of “children” or “spouse” can cause real difficulties.’
Wilberforce Chambers, 17th February 2021
Source: www.wilberforce.co.uk
‘Police forces are having to ration forensic toxicology work, especially samples from suspected drug drivers, because there is not enough capacity in the system to handle the volume of work, the outgoing forensic science regulator has said.’
The Guardian, 16th February 2021
Source: www.theguardian.com
‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’
St Philips Barristers, 9th February 2021
Source: st-philips.com
‘The Court of Appeal has rejected a developer’s case that two councils misapplied the “tilted balance” in the National Planning Policy Framework (NPPF).’
Local Government Lawyer, 11th February 2021
Source: www.localgovernmentlawyer.co.uk
‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’
Local Government Lawyer, 4th February 2021
Source: www.localgovernmentlawyer.co.uk
‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’
Parklane Plowden Chambers, 18th January 2021
Source: www.parklaneplowden.co.uk
‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’
UKSC Blog, 15th January 2021
Source: ukscblog.com
‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’
Carmelite Chambers, 11th January 2021
Source: www.carmelitechambers.co.uk
‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’
BBC News, 10th January 2021
Source: www.bbc.co.uk
‘In Primus International Holding Company & Ors v Triumph Controls – UK Ltd & Anor [2020] EWCA Civ 1228, the Court of Appeal grappled with the proper interpretation of “goodwill” in a commercial contract, considering the natural meaning of “goodwill” in the commercial context and the definition prevalent in accounting practice. The case provides a useful reminder of the approach taken by the courts when construing contracts, highlighting the need for parties to spell out clearly their intended meaning of a term in their contractual agreement if they wish to depart from its ordinary and natural meaning.’
Hardwicke Chambers, 4th November 2020
Source: hardwicke.co.uk
‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’
Richmond Chambers, 10th November 2020
Source: immigrationbarrister.co.uk
‘In the English civil court case Bates v Post Office Limited (Bates 2019), the properties of the Post Office Horizon transaction-processing system were investigated and argued.’
Digital Evidence and Electronic Signature Law Review, June 2020
Source: journals.sas.ac.uk
‘The recent decision of the High Court in Winlink Marketing Limited v Liverpool Football Club [2020] EWHC 2271 may have long lasting consequences for agents and intermediaries in facilitating and introducing parties to high-value sponsorship deals.’
2 Hare Court, 2nd November 2020
Source: www.2harecourt.com
‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’
3PB, 3rd November 2020
Source: www.3pb.co.uk
‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’
Nearly Legal, 15th November 2020
Source: nearlylegal.co.uk
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