statutory interpretation – Page 12 – Current Awareness

Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

Posted October 2nd, 2019 in amendments, bills, brexit, constitutional law, EC law, ministers' powers and duties, news, statutory duty, statutory interpretation, time limits, treaties by sally

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

What is a“Mother”, in law? – UK Human Rights Blog

Posted October 1st, 2019 in birth, birth certificates, children, equality, families, gender, news, paternity, statutory interpretation, transgender persons by sally

‘A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling of the Rt. Hon. Sir Andrew McFarlane P, President of the Family Division, on 25th September in TT, R(on the application of) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) . He decided that the Claimant, (known as “TT”), who was legally recognised as male at the time of giving birth to his child, (“YY”), is correctly registered as “mother” on YY’s birth certificate.’

UK Human Rights Blog, 30th September 2019

Source: ukhumanrightsblog.com

The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR

Posted September 2nd, 2019 in abortion, care orders, civil procedure rules, contact orders, disciplinary procedures, duty of care, local government, medical treatment, news, statutory interpretation by sally

‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

1COR, 7th August 2019

Source: www.1cor.com

Doublethink in the High Court: using a mobile phone whilst driving does not necessarily mean “using” it – Park Square Barristers

Posted August 30th, 2019 in appeals, dangerous driving, news, road safety, statutory interpretation, telecommunications, video recordings by sally

‘On 31st July 2019 Lady Justice Thirlwall DBE and Mr Justice Goss handed down the judgment of the High Court on what amounts to “using a hand-held mobile telephone or other hand-held interactive communication device” whilst driving in DPP v Barreto [2019] EWHC 2044 (Admin).’

Park Square Barristers, 12th August 2019

Source: www.parksquarebarristers.co.uk

Campaigners refused permission to appeal ruling on closure of children’s centres – Local Government Lawyer

Posted August 30th, 2019 in appeals, children, consultations, judicial review, local government, news, statutory duty, statutory interpretation by sally

‘A campaign group has failed to obtain permission to appeal a High Court ruling that a decision by the Cabinet at Buckinghamshire County Council to close 19 out of its 35 children’s centres was lawful.’

Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

Posted August 23rd, 2019 in appeals, company law, foreign jurisdictions, jurisdiction, news, statutory interpretation, Supreme Court, terrorism by sally

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

39 Essex Chambers, 2nd August 2019

Source: www.39essex.com

Equality and Homeless Appeals – Nearly Legal

Posted August 12th, 2019 in appeals, duty of care, equality, homelessness, housing, jurisdiction, local government, news, statutory interpretation by tracey

‘Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405. We first saw this case as a county court appeal where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996 homelessness appeal. HHJ Luba QC held that they could not, and the matter went to the Court of Appeal.’

Nearly Legal, 11th August 2019

Source: nearlylegal.co.uk

When is a plant not a power plant? – Practical Law: Construction Blog

Posted August 1st, 2019 in construction industry, energy, news, statutory interpretation, waste by tracey

‘When it is a plant thermally treating waste. Or is it still a power plant? This was the question that Mr Jonathan Acton Davis QC had to grapple with in Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd. As is often the case when it comes to the exclusions under section 105(2) of the Construction Act 1996, the answer was as clear as mud!’

Practical Law: Construction Blog, 30th July 2019

Source: constructionblog.practicallaw.com

Motorists could challenge convictions for driving while using their phones after man has case overturned – Daily Telegraph

Posted August 1st, 2019 in dangerous driving, news, road traffic offences, statutory interpretation, telecommunications, video recordings by tracey

‘Motorists could challenge their convictions for driving while using their phone after a man has had his case overturned after he filmed a road collision.’

Daily Telegraph, 31st July 2019

Source: www.telegraph.co.uk

Section 9(6B) of the Children Act 1989 – what is its purpose? – Family Law Week

Posted July 26th, 2019 in care orders, children, families, housing, local government, news, statutory interpretation by tracey

‘Sophie Crampton, barrister of 4 Brick Court, considers what purpose the provision might serve in determining care proceedings.’

Family Law Week, 26th July 2019

Source: www.familylawweek.co.uk

Brexit activist Darren Grimes wins appeal against £20,000 Electoral Commission fine – Daily Telegraph

Posted July 22nd, 2019 in brexit, budgets, EC law, fines, news, ombudsmen, referendums, statutory interpretation by sally

‘Brexit activist Darren Grimes has won an appeal against a £20,000 fine imposed by the Electoral Commission for his activity during the 2016 Brexit referendum.’

Daily Telegraph, 19th July 2019

Source: www.telegraph.co.uk

Lord Carnwath at the Statute Law Society – Supreme Court

Posted July 15th, 2019 in legislative drafting, speeches, statutory interpretation, taxation by tracey

‘Lord Carnwath at the Statute Law Society.’

Supreme Court, 10th July 2019

Source: www.supremecourt.uk

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

Posted July 5th, 2019 in footpaths, local government, news, personal injuries, road safety, roads, statutory duty, statutory interpretation by sally

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution – UK Constitutional Law Association

Posted June 26th, 2019 in appeals, constitutional law, investigatory powers, judges, judicial review, news, parliament, privacy, statutory interpretation, Supreme Court by sally

‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’

UK Constitutional Law Association, 26th June 2019

Source: ukconstitutionallaw.org

New Judgment: R (Derry) v Commissioners for HMRC [2019] UKSC 19 – UKSC Blog

Posted April 11th, 2019 in income tax, news, shareholders, statutory interpretation, Supreme Court by sally

‘This appeal considered the correct procedure HMRC is required to follow under the Taxes Management Act 1970, where it wishes to enquire into a claim for carry-back share loss relief made in a self-assessed and calculated tax return.’

UKSC Blog, 10th April 2019

Source: ukscblog.com

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

Posted March 20th, 2019 in costs, damages, fraud, fundamental dishonesty, news, personal injuries, road traffic, statutory interpretation, striking out by sally

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Successful Judicial Review of Benefits Payment in the UK – Oxford Human Rights Hub

Posted March 11th, 2019 in benefits, equality, judicial review, news, statutory interpretation by sally

‘R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work.’

Oxford Human Rights Hub, 11th March 2019

Source: ohrh.law.ox.ac.uk

Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer

Posted March 1st, 2019 in appeals, compensation, disability discrimination, disabled persons, equality, fees, news, statutory interpretation, taxis by tracey

‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’

Local Government Lawyer, 28th February 2019

Source: www.localgovernmentlawyer.co.uk

Part 1 – Surrogacy and legal parentage: let intentionality prevail – Family Law

Posted March 1st, 2019 in children, news, parental responsibility, parental rights, pregnancy, statutory interpretation, surrogacy by tracey

‘In this new 2-part series, Mavis Amonoo-Acquah, a barrister at Lamb Building Chambers, discusses issues surrounding Surrogacy Law, Legal Parentage and proposed reform, in light of Californian Law precedents.’

Family Law, 1st March 2019

Source: www.familylaw.co.uk

Court of Appeal decision leaves control vacuum for group relief – OUT-LAW.com

Posted February 28th, 2019 in corporation tax, news, receivers, statutory interpretation by tracey

‘Two companies have lost their claim for group relief where the surrendering company went into receivership. The Court of Appeal said that when the receivers were appointed the shareholders of the surrendering company lost control, which meant that group relief was denied.’

OUT-LAW.com, 27th February 2019

Source: www.out-law.com

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