statutory interpretation – Page 17

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 sally

‘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 sally

‘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 sally

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

Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog

Posted November 25th, 2013 in airports, legal representation, news, police interviews, statutory interpretation, terrorism by sally

‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

R v Gul (Appellant) – Supreme Court

Posted October 25th, 2013 in jury directions, law reports, statutory interpretation, Supreme Court, terrorism by sally

R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court considers definition of “terrorism” – UK Human Rights Blog

Posted October 24th, 2013 in appeals, jury directions, news, statutory interpretation, Supreme Court, terrorism by sally

“R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 – It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international community has not been able to agree on a definition of terrorism to be embedded in international law. The issue in this appeal was whether the definition of ‘terrorism’ in the UK Terrorism Act 2000 includes military attacks by non-state armed groups against national or international armed forces in a non-international armed conflict.”

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UK Human Rights Blog, 23rd October 2013

Source: www.ukhumanrightsblog.com

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner – WLR Daily

Posted August 14th, 2013 in data protection, insolvency, law reports, loans, statutory interpretation by sally

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner [2013] EWHC 2485 (Ch); [2013] WLR (D) 336

“Joint liquidators of a company were not data controllers within the meaning of section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to its liquidation.”

WLR Daily, 8th August 2013

Source: www.iclr.co.uk

Refusal of shadow licence for nightclub “unlawful”, says High Court judge – Local Government Lawyer

Posted July 24th, 2013 in licensing, local government, news, statutory interpretation by sally

“A decision by a council’s licensing services manager to reject an application from a landlord for a ‘shadow’ licence was unlawful, a High Court judge has ruled.”

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Local Government Lawyer, 23rd July 2013

Source: www.localgovernmentlawyer.co.uk

Hunt v Conwy County Borough Council – WLR Daily

Posted June 3rd, 2013 in bankruptcy, housing, insolvency, law reports, local government, statutory interpretation by sally

Hunt v Conwy County Borough Council [2013] EWHC 1154 (Ch); [2013] WLR (D) 205

“It was open to the court to entertain an application under section 320(2)(c) to vest a dwelling in its occupants notwithstanding that the applicant occupied only part of the disclaimed property as his dwelling house and it was open to the court, on such an application, to make an order relating to only a part of the disclaimed property.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Mark Aronson: Statutory Interpretation or Judicial Disobedience? – UK Constitutional Law Group

Posted June 3rd, 2013 in foreign jurisdictions, judicial review, news, statutory interpretation by sally

“In Australia as in England, courts began ‘reading down’ legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable ‘principle of legality’ entered the public lawyer’s lexicon. Judges typically explained themselves as merely engaging in an exercise of statutory interpretation, saying that in the absence of express words or an absolutely necessary implication to the contrary, they could not believe that Parliament intended to override fundamental principles, rights, or freedoms. Legislative drafters, they reasoned, were well aware of this interpretive approach, and could always respond with clearer language.”

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UK Constitutional Law Group, 3rd June 2013

Source: www.ukconstitutionallaw.org

Solvent or insolvent: the Supreme Court lays down the test for s123 of IA 1986 – 11 Stone Buildings

Posted May 15th, 2013 in company law, insolvency, news, statutory interpretation, strict liability by sally

“In a unanimous judgment handed down on 9th May 2013, the Supreme Court confirmed that the ‘balance
sheet’ test insolvency in section 123 of the Insolvency Act 1986 is not a mechanical exercise of comparing the value of a company’s assets against the value of its liabilities; but a more sophisticated test requiring a judgment as to whether the present assets of a company will reasonably enable the company’s present and future liabilities to be met. In so doing, their Lordships rejected the ‘point of no return’ test formulated by Lord Neuberger MR in the Court of Appeal. Christopher Boardman reviews BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc.”

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11 Stone Buildings, 13th May 2013

Source: www.11sb.com

Tribunal disagreement on post-employment victimisation will create “confusion” for employers, says expert – OUT-LAW.com

Posted May 8th, 2013 in employment tribunals, news, statutory interpretation, victimisation by sally

“An individual can bring a claim against a former employer for victimisation that took place after the employment ended, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 8th May 2013

Source: www.out-law.com

What’s Wrong with Money Laundering? – No. 5 Chambers

Posted April 17th, 2013 in consent, money laundering, news, proceeds of crime, statutory interpretation by sally

“Quite a lot, actually. This note considers, two recent High Court (QBD) decisions: Shah v HSBC [2012] EWHC 1283 (Supperstone J.) that clarifies the effect of making a ‘consent’ SAR – to the advantage and benefit of banks and solicitors but disadvantage of their customers and clients; and Dare v CPS [2012] EWHC 2074 (Bean J.) that provides an explanation of what it means to ‘facilitate’ a transaction under PoCA s. 328. In addition there is an afterword about the continuing problem of legal privilege that remains a little discussed, but unresolved, problem for solicitors.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc – WLR daily

Posted February 11th, 2013 in appeals, canals, law reports, sewerage, statutory interpretation by sally

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc [2013] EWCA Civ 40; [2013] WLR (D) 50

“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk