Category: statutory interpretation

Equality Act – Local Government Law

Posted February 27th, 2019 in disability discrimination, disabled persons, equality, local government, London, news, statutory interpretation, taxis by tracey

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

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Local Government Law, 25th February 2019

Source: local-government-law.11kbw.com

Teachers (and other public servants) pay – Employment Law Blog

Posted February 19th, 2019 in age discrimination, budgets, EC law, employment, Ireland, news, references to European Court, remuneration, statutory interpretation, teachers by sally

‘Significant budgetary restraints. A significant deficit in the public finances. Does that all sound familiar? It is a feature not only in the United Kingdom but also in the Republic of Ireland. It is the context of Case C-154/18, Horgan and Keegan v Minister for Education and Skills, in which the Second Chamber of the ECJ gave Judgment on 14 February 2019, on a reference from the Irish Labour Court.’

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Employment Law Blog, 18th February 2019

Source: employment11kbw.com

Landmarks in law: when female lawyers were declared ‘people’ – The Guardian

Posted February 18th, 2019 in legal history, legal profession, news, sex discrimination, statutory interpretation, women by sally

‘Gwyneth Bebb was born in Oxford in 1889. She was the sixth woman to study law at Oxford University, reading jurisprudence at St Hugh’s College. She completed her studies in 1911 with first class marks, yet she didn’t formally graduate because women at the time couldn’t be awarded degrees.’

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The Guardian, 15th February 2019

Source: www.theguardian.com

Jurisdiction: s. 204 appeals – Nearly Legal

Posted February 13th, 2019 in appeals, duty of care, equality, homelessness, housing, jurisdiction, local government, news, statutory interpretation by sally

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

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Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Analysis: Was De Gafforj ruling another missed opportunity? – Family Law

Posted February 7th, 2019 in appeals, divorce, EC law, families, international law, jurisdiction, news, statutory interpretation by tracey

‘Stuart Clark, of the International Family Law Group, looks at the Court of Appeal ruling that granted Anne Orenga de Gafforj a Hadkinson Order in September 2018.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Protecting Community Protection Notices – UK Police Law Blog

Posted February 5th, 2019 in appeals, community protection notices, judicial review, news, public interest, public order, rule of law, statutory interpretation, time limits by tracey

‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’

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UK Police Law Blog, 31st January 2019

Source: ukpolicelawblog.com

Case Comment: R v Mackinlay & Ors [2018] UKSC 42 – UKSC Blog

Posted January 30th, 2019 in appeals, elections, expenses, gifts, news, statutory interpretation, Supreme Court by sally

‘This case relates to a point of statutory construction in the Representation of the People Act 1983, s 90C(1)(a). The question was whether goods, services, or facilities provided free-of-charge or at a discount to a candidate for election need to be declared by the candidate as an election expense even if they had not been authorised by the candidate, their election agent, or someone else authorised by the candidate or agent.’

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UKSC Blog, 29th January 2019

Source: ukscblog.com

Review proposes enhancements to Modern Slavery Act reporting – OUT-LAW.com

Posted January 28th, 2019 in enforcement, forced labour, news, statutory interpretation, trafficking in human beings by sally

‘More clarity is needed over which organisations are required to comply with modern slavery reporting requirements, while the reports themselves need a consistent structure and far stronger enforcement, an independent review has recommended.’

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OUT-LAW.com, 25th January 2019

Source: www.out-law.com

Court of Appeal quashes convictions for unlawfully obtaining personal data – Local Government Lawyer

Posted January 25th, 2019 in burden of proof, data protection, human rights, news, statutory interpretation by tracey

‘The Court of Appeal has quashed the conviction of a defendant for unlawfully obtaining personal data. At issue in Shepherd v The Information Commissioner [2019] EWCA Crim 2 was whether s.55 (2) of the Data Protection Act 1998 imposes a legal or evidential burden of proof on a defendant; and, if the former, whether the outcome is compatible with Article 6 of the European Convention on Human Rights (the right to a fair trial).’

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Local Government Lawyer, 25th January 2019

Source: www.localgovernmentlawyer.co.uk

Recent ruling on Universal Credit – UK Human Rights Blog

Posted January 17th, 2019 in benefits, equality, human rights, judicial review, news, remuneration, statutory interpretation, ultra vires by tracey

‘R (Johnson, Woods, Barrett and Stewart) v SSWP CO/1552/2018 (11 January 2019) – this case was brought by four social security claimants contesting the proper method of calculating the amount of universal credit payable to each claimant under the Universal Credit Regulations 2013. Singh LJ and Lewis J concluded that treating claimants as having “earned” twice as much as they do if they happen to be paid twice within one monthly assessment period is “odd in the extreme” [para 54] and “…. could be said to lead to nonsensical situations” [para 55].’

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UK Human Rights Blog, 15th January 2019

Source: ukhumanrightsblog.com

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One) – UK Constitutional Law Association

Posted December 18th, 2018 in constitutional law, investigatory powers, judicial review, news, privacy, statutory interpretation, Supreme Court by sally

‘Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably in articles by Paul Scott and Tom Hickman in Public Law) and online (including a symposium at the Administrative Law in the Common Law World blog). In this two-part post, I seek to situate the case in its wider constitutional context, and argue that the Supreme Court ought to abandon the narrow approach the courts have adopted so far.’

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UK Constitutional Law Association, 18th December 2018

Source: ukconstitutionallaw.org

High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions – Garden Court Chambers

Posted December 12th, 2018 in energy, fracking, judicial review, ministers' powers and duties, news, planning, statutory interpretation by sally

‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’

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Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk

The myth that Article 50 is a one-way street – New Law Journal

Posted December 11th, 2018 in brexit, EC law, news, statutory interpretation, treaties by sally

‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’

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New Law Journal, 5th December 2018

Source: www.newlawjournal.co.uk

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

Posted December 11th, 2018 in appeals, landlord & tenant, leases, news, repairs, repossession, statutory interpretation, Supreme Court by sally

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

High Court: inspector entitled to approve revision to planning condition – OUT-LAW.com

Posted December 5th, 2018 in energy, local government, news, planning, statutory interpretation by sally

‘A planning inspector did not exceed her authority when she granted permission to a wind turbine developer to build larger turbines than those provided for in the original planning permission, the High Court has ruled.’

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OUT-LAW.com, 4th December 2018

Source: www.out-law.com

Owner of Grade II listed house loses appeal over removal of limestone piers – Local Government Lawyer

Posted December 3rd, 2018 in appeals, listed buildings, local government, news, planning, statutory interpretation by tracey

‘Being on the register of listed buildings is enough to give a structure protection and its validity cannot be challenged in disputes over enforcement, the Court of Appeal has ruled.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

How has the EU shaped the UK’s tax landscape – 39 Essex Chambers

Posted November 2nd, 2018 in EC law, news, statutory interpretation, taxation by sally

‘In 1973, when the UK acceded to the EU, the new legal order profoundly affected the interpretation of UK statutes, including tax statues. The infringement procedure has often led to changes in UK law, although not always to the extent initially requested. Corporation tax has become the best-known area of EU influence, with litigation over dividends, tax credits, cross-border tax relief and controlled foreign companies. EU law necessarily governs VAT, although member states are given considerable discretion both by the legislator and the courts. The doctrine of abuse of right derives from the EU legal order but the UK has played a major role in developing it. EU law has affected the activity of tax authorities, the structure of the system of appeals and the permitted structure of taxes, as well as substantive tax law. HMRC has become used to cooperation between tax authorities in the single market, and a role for EU law may arise through the terms of the EU/UK trade agreement, as well as through domestic legislation.’

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39 Essex Chambers, 29th October 2018

Source: www.39essex.com

You ain’t the boss of me (yet) – Nearly Legal

Posted November 1st, 2018 in appeals, housing, landlord & tenant, news, notification, repossession, statutory interpretation by sally

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International – UK Constitutional Law Association

Posted October 24th, 2018 in appeals, jurisdiction, news, Northern Ireland, statutory interpretation, Supreme Court by tracey

‘Lee v Ashers Baking Company Ltd [2018] UKSC 49 (“gay cake”case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights or equality perspective, but from an administrative law perspective too. This is because the case contains a judgment, delivered by Lord Mance, which offers the unanimous court’s view on the meaning of a finality clause contained in the County Courts (Northern Ireland) Order 1980.’

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UK Constitutional Law Association, 23rd October 2018

Source: ukconstitutionallaw.org

Electoral Commission ‘misinterpreted’ Vote Leave expenses, court rules – BBC News

Posted September 17th, 2018 in expenses, fines, news, referendums, statutory interpretation by sally

‘The Electoral Commission misinterpreted EU referendum spending laws allowing Vote Leave to break them, the High Court has ruled.’

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BBC News, 14th September 2018

Source: www.bbc.co.uk