statutory interpretation – Page 14 – Current Awareness

The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – Blackstone Chambers

Posted August 9th, 2018 in EC law, news, references to European Court, repeals, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. It will become familiar in just the same way as did the European Communities Act 1972 (“ECA 1972”) before it (which the Act will repeal). This article seeks briefly to summarise the purpose and architecture of the Act; to identify some key themes of change; and to outline ten key implications for UK law and lawyers. It then concludes with a brief observation about transitional arrangements and thereafter.’

Blackstone Chambers, 19th July 2018

Source: www.blackstonechambers.com

Disability related error of judgment amounts to discrimination arising from disability – No. 5 Chambers

Posted August 6th, 2018 in codes of practice, disability discrimination, dismissal, news, statutory interpretation, teachers by sally

‘Following a line of decisions in the Employment Appeal Tribunal, the Court of Appeal in City of York v P J Grosset [2018] EWCA Civ 1105 so held.’

No. 5 Chambers, 11th July 2018

Source: www.no5.com

James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association

Posted July 30th, 2018 in constitutional law, EC law, news, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’

UK Constitutional Law Association, 26th July 2018

Source: ukconstitutionallaw.org

Facing up to it – Nearly Legal

Posted July 16th, 2018 in homelessness, legal representation, news, regulations, statutory interpretation by tracey

‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’

Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Council Resolutions – Local Government Law

Posted July 6th, 2018 in equality, local government, news, sanctions, statutory interpretation by tracey

‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’

Local Government Law, 4th July 2018

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

How far will the Supreme Court go as it tackles Owens v Owens? – Family Law

Posted June 22nd, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by tracey

‘On 17 May, the Supreme Court heard the case of Owens v Owens. It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

Family Law, 21st June 2018

Source: www.familylaw.co.uk

Owens: unreasonable behaviour on trial – New Law Journal

Posted June 18th, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by sally

‘On 17 May, the Supreme Court heard the case of Owens v Owens . It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

New Law Journal, 15th June 2018

Source: www.newlawjournal.co.uk

Judges uphold listing of field as asset of community value despite trespassing – Local Government Lawyer

Posted June 1st, 2018 in assets of community value, footpaths, local government, news, statutory interpretation by sally

‘An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.’

Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – Supreme Court Blog

Posted April 23rd, 2018 in confiscation, enforcement, news, statutory interpretation, Supreme Court by tracey

‘On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation which have been determined by the House of Lords, Privy Council or Supreme Court over the past 24 years.’

Supreme Court Blog, 20th April 2018

Source: ukscblog.com

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

Posted December 11th, 2017 in appeals, constitutional law, detention, exclusion clauses, immigration, jurisdiction, news, rule of law, statutory interpretation, tribunals by sally

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org

Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses – UK Constitutional Law Association

Posted December 4th, 2017 in investigatory powers, judicial review, legal language, news, parliament, rule of law, statutory interpretation, Supreme Court, tribunals, warrants by sally

‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’

UK Constitutional Law Association, 4th December 2017

Source: ukconstitutionallaw.org

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

Posted November 24th, 2017 in appeals, homelessness, housing, landlord & tenant, local government, London, news, statutory duty, statutory interpretation by sally

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

Posted November 23rd, 2017 in appeals, contracting out, equality, homelessness, housing, judgments, local government, London, news, statutory interpretation by sally

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Local Authority Decisions on Level of Fees They Will Pay For Residential Care Under National Assistance Act 1948 (Pre-Care Act 2014) – Garden Court Chambers

Posted November 23rd, 2017 in local government, news, residential care, statutory duty, statutory interpretation by sally

‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Contributory negligence and construction contracts – Hardwicke Chambers

Posted November 22nd, 2017 in construction industry, contracts, economic loss, negligence, news, statutory interpretation by sally

‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’

Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 22nd, 2017 in adverse possession, land registration, legislation, limitations, news, statutory interpretation, time limits, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Importation of Child Sex Dolls – A Need for Guidance? – Drystone Chambers

Posted November 22nd, 2017 in children, customs and excise, indecent photographs of children, news, obscenity, sentencing, sexual offences, statutory interpretation by sally

‘In recent months, there have been a number of prosecutions under the Customs and Excise Management Act 1979 (CEMA); an Act drafted in the latter part of the last century and covering the physical importation of “prohibited items” into the UK and the evasion of duties more generally. At the time, the Act caught those seeking to import pornographic videos and magazines.’

Drystone Chambers, 26th October 2017

Source: drystone.com

Know your limitation – New Law Journal

Posted November 22nd, 2017 in damages, limitations, negligence, news, statutory interpretation, taxation, time limits by sally

‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’

New Law Journal, 27th October 2017

Source: www.newlawjournal.co.uk

Autumn Newsletter – Falcon Chambers

Posted November 22nd, 2017 in adverse possession, barristers, boundaries, contracts, duty of care, easements, estoppel, freedom of expression, housing, injunctions, insolvency, land registration, landlord & tenant, leases, legal services, misrepresentation, negligence, news, planning, restraint orders, restrictive covenants, rights of way, statutory interpretation, third parties, tribunals by sally

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

Falcon Chambers, November 2017

Source: www.falcon-chambers.com

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