interpretation – Page 6 – Current Awareness

Barton & Booth: Clarifying the Dishonesty Test post Ivey by Paul Dormand – Broadway House Chambers

Posted May 6th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news, theft by sally

‘The decision in Barton & Booth [2020] EWCA Crim 575 brings an end to the uncertainty surrounding the test for dishonesty, and the application of the test proposed by the Supreme Court in Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67. This article will look at the departure from Ghosh, the application of the Ivey test notwithstanding its obiter status.’

Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Barton and Booth – note on the Court of Appeal decision on Ivey and Ghosh – Exchange Chambers

Posted May 4th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news by sally

‘In Barton and Booth v R [2020] EWCA Crim 575, the Criminal Division of the Court of Appeal considered the correct approach to be taken to dishonesty as it applies to the criminal law. In doing so, the Court confirmed that the test for dishonesty articulated in the Supreme Court decision of Ivey v Genting Casinos (UK) (trading as Crockfords Club) [2017] UKSC 67 displaced the test for dishonesty that had been laid down in R v Ghosh [1982] QB 1053 and which had applied in the criminal courts for 35 years.’

Exchange Chambers, 1st May 2020

Source: www.exchangechambers.co.uk

UK Supreme Court Relaxes the Test for Establishing a Breach of Article 3 in Medical Removal Cases – Oxford Human Rights Hub

Posted May 4th, 2020 in appeals, deportation, government departments, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’

Oxford Human Rights Hub, 3rd May 2020

Source: ohrh.law.ox.ac.uk

New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog

Posted May 1st, 2020 in appeals, deportation, government departments, HIV, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’

UKSC Blog, 29th April 2020

Source: ukscblog.com

Nathan Davis discusses Bains v Arunvill Capital Limited and others [2020] EWCA Civ 545 – Park Square Barristers

Posted April 28th, 2020 in contracts, interpretation, news by sally

‘This is an interesting case concerning whether the steps taken by the Appellant were sufficient for him to establish that he had remedied his material breach of contract.’

Park Square Barristers, 27th April 2020

Source: www.parksquarebarristers.co.uk

Putting the court before the horse – No. 5 Chambers

Posted April 28th, 2020 in change of use, interpretation, local government, news, planning by sally

‘In the recent case of T&P Real Estate Limited v The Mayor and Burgesses of the London Borough of Sutton [2020] EWHC 879 (Ch) Deputy Master Bowles described the background to the claim, and the application before him, as “…for a non-planner, not wholly straightforward”. In fairness, even for a planner, the subject matter of the claim is not uncomplicated involving as it did consideration of the interpretation, and effect of, an Article 4 Direction made in relation to the exercise of permitted development rights.’

No. 5 Chambers, 24th April 2020

Source: www.no5.com

Harry Dunn death: diplomatic immunity for Anne Sacoolas ‘illogical’ – The Guardian

Posted April 23rd, 2020 in accidents, dangerous driving, diplomats, government departments, immunity, interpretation, judicial review, news, road traffic offences, select committees, unlawful killing by sally

‘Britain agreed to let Anne Sacoolas, the driver charged with killing 19-year-old motorcyclist Harry Dunn, return to the US on the basis of an “apparently illogical” interpretation of the law on diplomatic immunity, according to the most senior civil servant at the Foreign Office.’

The Guardian, 22nd April 2020

Source: www.theguardian.com

Charterparty Indemnity Clauses and Injunctive Relief – 33 Bedford Row

Posted April 20th, 2020 in chambers articles, charterparties, indemnities, interpretation, news by sally

‘The case concerned the interpretation of an indemnity clause in an amended Shellvoy6 form Charterparty and whether the Claimant time charterers should be granted injunctive relief, in the form of security to be provided by the Defendant voyage charterers, so as to enable release of the MT “Miracle Hope” (the “Vessel”), which was under arrest in Singapore.’

33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Package Travel and Educational Institutions – 39 Essex Chambers

Posted April 17th, 2020 in accidents, chambers articles, compensation, education, holidays, interpretation, news, personal injuries, universities by sally

‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’

39 Essex Chambers, 8th April 2020

Source: www.39essex.com

“This lopsided Treaty…” Is the US/UK Extradition Treaty imbalanced? – 6KBW College Hill

Posted April 17th, 2020 in chambers articles, extradition, interpretation, news, treaties by sally

‘Recent high-profile extradition cases have breathed new life into the old question of whether extradition relations between the US and the UK are imbalanced. On 12 February 2020, the Leader of the Opposition stated in Parliament “this lopsided treaty means the US can request extradition in circumstances that Britain cannot”. The Prime Minister replied: “to be frank, I think the right honourable Gentleman has a point in his characterisation of our extradition arrangements with the United States”. It is a question that has arisen time and again since the UK ratified the US/UK Extradition Treaty 2003 (‘the 2003 Treaty’). So, where does the truth of the matter lie?’

6KBW College Hill, 9th April 2020

Source: blog.6kbw.com

‘A broad approach taken in the definition of “partner” in a deportation case’ – 33 Bedford Row

Posted April 17th, 2020 in chambers articles, deportation, families, immigration, interpretation, news by sally

‘In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)(‘Buci’) the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a ‘partner’, it will still be necessary to consider the effect of deportation on the other person.’

33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Driving to take a walk is lawful during England lockdown, police told – The Guardian

Posted April 17th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, interpretation, news, police by sally

‘Driving to the countryside and walking – where more time is spent doing the latter than the former – is among a list of reasonable excuses for Britons leaving their home during the coronavirus lockdown, according to advice issued to police.’

The Guardian, 16th April 2020

Source: www.theguardian.com

Council wins appeal in case where relevant policies of development plan pointed “in different directions” – Local Government Lawyer

Posted April 16th, 2020 in appeals, interpretation, local government, news, planning by sally

‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’

Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.uk

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

Posted April 15th, 2020 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, London, news, repairs, tribunals by sally

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Council wins appeal over tribunal ruling requiring it to issue caravan site licence- Local Government Lawyer

Posted April 3rd, 2020 in appeals, interpretation, local government, news, planning, tribunals by sally

‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’

Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

Joggergate: How frequently is it necessary to exercise in Wales? – UK Police Law Blog

Posted March 30th, 2020 in coronavirus, enforcement, freedom of movement, health, interpretation, news, police by sally

‘For those wishing to exercise their exercise rights, the new Coronavirus regulations treat English and Welsh joggers rather differently.’

UK Police Law Blog, 27th March 2020

Source: ukpolicelawblog.com

What powers does “take such action as is necessary to enforce” give to police officers? – UK Police Law Blog

Posted March 26th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, health, human rights, interpretation, news, police, privacy by sally

‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’

UK Police Law Blog, 25th March 2020

Source: ukpolicelawblog.com

Akhter v Khan: Recognising (or not recognising) religious marriages in the UK – Oxford Human Rights Hub

Posted March 26th, 2020 in appeals, children, divorce, families, interpretation, islamic law, marriage, news by sally

‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’

Oxford Human Rights Hub, 17th March 2020

Source: ohrh.law.ox.ac.uk

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

Posted March 23rd, 2020 in appeals, chambers articles, disabled persons, education, interpretation, learning difficulties, local government, news, school children by sally

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

3PB, 9th March 2020

Source: www.3pb.co.uk

Are meaning hearings the new norm? – Law Society’s Gazette

Posted March 17th, 2020 in budgets, costs, defamation, interpretation, news by sally

‘While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion).’

Law Society's Gazette, 16th March 2020

Source: www.lawgazette.co.uk

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