Category: statutory interpretation

Whether a Room is a “Bedroom” for the Purposes of the Bedroom Tax – Garden Court Chambers

Posted July 5th, 2017 in benefits, housing, local government, news, Scotland, statutory interpretation by sally

‘In Secretary of State for Work and Pensions v The City of Glasgow Council & IB [2017] CSIH 35, 31 May 2017 (Lord Brodie, Lady Clark of Calton and Lord Glennie) the Court of Session in Scotland considered what factors should be taken into account in establishing whether a room is a bedroom for the purposes of Reg B13 of the Housing Benefit Regulations 2006 SI 2013 (the bedroom tax).’

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Garden Court Chambers, 3rd July 2017

Source: www.gardencourtchambers.co.uk

The end for the Mawer v Bland order? – Hardwicke Chambers

Posted July 5th, 2017 in bankruptcy, news, statutory interpretation, trustees in bankruptcy by sally

‘In an earlier edition of this publication I identified what appeared to be a growing trend for the making of a draconian form of order suspending the discharge of bankruptcies.’

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Hardwicke Chambers, 26th June 2017

Source: www.hardwicke.co.uk

John Lyon’s Charity v London Sephardi Trust [2017] EWCA Civ 846 (CA) – Tanfield Chambers

Posted July 5th, 2017 in appeals, landlord & tenant, leases, news, repeals, statutory interpretation, valuation by sally

‘On 29 June 2017 the Court of Appeal gave judgment on an interesting question of statutory construction concerning the valuation provisions in section 9 of the Leasehold Reform Act 1967 (“LRA67”) and the Interpretation Act 1978 (“the Interpretation Act”).’

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Tanfield Chambers, 29th June 2017

Source: www.tanfieldchambers.co.uk

Animals Act Appeal Case Law – Park Square Barristers

Posted July 5th, 2017 in appeals, damages, horses, news, personal injuries, statutory interpretation by sally

‘Langstaff J upheld on appeal a first instance decision dismissing a claimant’s claim for injury when he fell from a horse.’

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Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

Posted July 5th, 2017 in abuse of process, agricultural holdings, appeals, disclosure, jurisdiction, landlord & tenant, news, retirement, statutory interpretation, succession, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

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Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

No bans on local authority disinvestment decisions – UK Human Rights Blog

Posted June 26th, 2017 in EC law, local government, ministers' powers and duties, news, pensions, regulations, sanctions, statutory interpretation by sally

‘Many people like to have a say over the investment policies of their pension funds. They may not want investment in fossil fuels, companies with questionable working practices, arms manufacturers, Israel or indeed any company which supports Israel’s occupation of the West Bank and Gaza Strip – to choose but a few of people’s current choices. And pension funds, left to their own devices, may wish to adopt one or more of these choices to reflect their pensioners’ views.’

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UK Human Rights Blog, 25th June 2017

Source: ukhumanrightsblog.com

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

Posted June 21st, 2017 in building law, documents, housing, law reports, notification, rates, service, statutory interpretation by sally

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430

‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’

WLR Daily, 15th June 2017

Source: www.iclr.co.uk

Changes to the Seizure Provisions Under the Criminal Finance Act 2017 – Drystone Chambers

Posted June 9th, 2017 in forfeiture, legislation, news, police, proceeds of crime, search & seizure, statutory interpretation by sally

‘On the 27th April 2017 the Criminal Finance Act (‘CFA 2017’) received Royal Assent. The Criminal Finance Act 2017 ushers in wide-ranging reforms to the Proceeds of Crime Act 2002 (‘POCA 2002’). This article is part of a series of short comment pieces highlighting some of the main changes the CFA 2017 makes. It also covers issues related to Barnaby’s previous piece which set out some of the changes the Criminal Finance Bill enacted.’

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Drystone Chambers, 30th May 2017

Source: drystone.com

‘Uber’ising the workforce – Counsel

Posted June 9th, 2017 in employment, employment tribunals, news, self-employment, statutory interpretation by sally

‘Drivers, couriers and freelance plumbers: have the leaks in employment protection been repaired? Chris Milsom reports.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

Posted May 22nd, 2017 in conflict of laws, EC law, immigration, news, regulations, statutory interpretation, tribunals by tracey

‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’

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Free Movement, 22nd May 2017

Source: www.freemovement.org.uk

Rosie Slowe: Article 50 Notice and Implied Conditionality – UK Human Rights Blog

Posted April 10th, 2017 in constitutional law, EC law, international law, legislation, news, parliament, prerogative powers, statutory interpretation, treaties by sally

‘More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.’

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UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

Is Strasbourg law the law of England and Wales? – UK Human Rights Blog

Posted March 31st, 2017 in fees, human rights, legal aid, news, solicitors, statutory interpretation by tracey

‘R (o.t.a Minton Morrill Solicitors) v. The Lord Chancellor [2017] EWHC 612 (Admin) 24 March 2017, Kerr J. This exam-style question arose, in an attempt by solicitors to be paid by the Legal Aid Agency for some work they had done on two applications to Strasbourg. The underlying cases were housing, the first an attempt to stave off possession proceedings, and the second the determination of whether an offer of “bricks and mortar” accommodation to an Irish traveller was one of “suitable accommodation”. Both applications were declared inadmissible by the European Court of Human Rights, and thus could not benefit from that Court’s own legal aid system.’

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UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Ilott – Upholding Testamentary Freedom – Family Law Week

Posted March 27th, 2017 in appeals, charities, financial provision, judgments, legislation, news, statutory interpretation, Supreme Court, wills by tracey

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Rosie Slowe: Reflections on the ‘Three Knights Opinion’ and Article 50 TEU – UK Human Rights Blog

Posted March 10th, 2017 in bills, brexit, constitutional law, EC law, news, parliament, referendums, statutory interpretation, treaties by sally

‘On 17 February 2017, Bindmans LLP published an Opinion solicited from several leading authorities on EU law concerning Article 50 TEU. The so-dubbed ‘Three Knights Opinion’ put forward compelling legal arguments in support of why an Act of Parliament at the end of the Article 50 negotiation process is necessary in order to ensure that Brexit occurs in accordance with domestic and, by extension, EU law. These contentions, and Professor Elliot’s rebuttal, warrant careful consideration.’

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UK Human Rights Blog, 9th March 2017

Source: www.ukhumanrightsblog.com

Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

Posted December 12th, 2016 in appeals, brexit, constitutional law, EC law, news, prerogative powers, statutory interpretation, Supreme Court by sally

‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’

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UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

Correcting the joint enterprise law won’t lead to mass prison releases – The Guardian

Posted February 19th, 2016 in appeals, Hong Kong, joint enterprise, murder, news, statutory interpretation, Supreme Court by sally

‘The UK supreme court has made a landmark ruling after 30 years, but what are the implications?’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

In re K (Children) – WLR Daily

Posted June 5th, 2015 in appeals, child abuse, children, costs, families, family courts, law reports, legal aid, legal representation, litigants in person, practice directions, statutory interpretation by tracey

In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237

‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court

Posted August 1st, 2014 in law reports, limitations, negligence, prescription, Scotland, statutory duty, statutory interpretation by sally

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

UK definition of terrorism ‘could catch political journalists and bloggers’ – The Guardian

Posted July 23rd, 2014 in investigatory powers, news, statutory interpretation, terrorism by michael

‘The current British definition of terrorism is so broadly drawn that it could even catch political journalists and bloggers who publish material that the authorities consider dangerous to public safety, said the official counter-terrorism watchdog.’

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The Guardian, 22nd July 2014

Source: www.guardian.co.uk

Landowner wins appeal over time limits for village green application – Local Government Lawyer

Posted May 28th, 2014 in commons, land registration, news, retrospectivity, statutory interpretation, time limits by sally

‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’

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Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk