“These wretchedly conceived clauses”: the Supreme Court considers the degree to which ‘commercial common sense’ can be deployed in contractual interpretation (Arnold v Britton & Ors [2015] UKSC 36) – Henderson Chambers

Posted July 27th, 2015 in interpretation, leases, news, service charges by sally

‘Tenants of a holiday park will ultimately be obliged to pay over £1m a year per chalet, after the Supreme Court endorsed leases in which the service charge increases by 10% a year – regardless of the actual costs of providing those services.

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Henderson Chambers, 16th June 2015

Source: www.hendersonchambers.co.uk

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UK Supreme Court upholds HMRC’s position in gaming machine VAT case – OUT-LAW.com

Posted July 13th, 2015 in appeals, gambling, HM Revenue & Customs, interpretation, news, Supreme Court, VAT by tracey

‘The element of chance in a computerised slot machine connected to a separate random number generator (RNG) was still “provided by means of the machine” for the purposes of VAT legislation, meaning that the takings from that machine were subject to VAT, the UK’s highest court has confirmed.’

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OUT-LAW.com, 10th July 2015

Source: www.out-law.com

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Rank Group plc v Revenue and Customs Comrs – WLR Daily

Rank Group plc v Revenue and Customs Comrs: [2015] UKSC 48; [2015] WLR (D) 299

‘Slot machines operating through multi-terminal systems in which random number generators (“RNGs”) were housed separately from the terminals were to be treated as composite machines providing players with an element of chance in the game within the meaning of section 26 of the Gaming Act 1968 and Group 4, item 1, note (3) of Schedule 9 to the Value Added Tax Act 1994. The takings from such machines were, accordingly, not exempt but liable to value added tax.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

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Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal clarifies the scope of numerical ranges in patent claims – OUT-LAW.com

Posted June 26th, 2015 in interpretation, news, patents by sally

‘The way numerical ranges used to limit the scope of a patent claim should be interpreted has been clarified by the Court of Appeal in London.’

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OUT-LAW.com, 25th June 2015

Source: www.out-law.com

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Horton v Henry; pensions, bankruptcy and divorce – Family Law Week

‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’

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Family Law Week, 22nd June 2015

Source: www.familylawweek.co.uk

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Granada Group Ltd v The Law Debenture Pension Trust Corpn plc – WLR Daily

Posted June 3rd, 2015 in company law, interpretation, law reports, pensions, trusts by sally

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc [2015] EWHC 1499 (Ch); [2015] WLR (D) 231

‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

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What amounts to a “human rights claim” generating a new right of appeal? – Free Movement

Posted April 30th, 2015 in appeals, human rights, immigration, interpretation, news, tribunals by sally

‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’

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Free Movement, 29th April 2015

Source: www.freemovement.org.uk

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Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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High Court judge gives procurement litigants reprieve on claim form timescales – OUT-LAW.com

Posted April 1st, 2015 in interpretation, local government, news, public procurement, time limits by sally

‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’

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OUT-LAW.com, 27th March 2015

Source: www.out-law.com

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Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

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UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

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Court of Appeal gives local authority Aarhus costs protection over HS2 challenge – Local Government Lawyer

‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th March 2015

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal rules on police duty to suspects in detention – UK Human Rights Blog

‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’

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UK Human Rights Blog, 27th February 2015

Source: www.ukhumanrightsblog.com

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Collective redundancies: Is a return to normality on the horizon? – The Futures of Law

Posted February 20th, 2015 in appeals, consultations, employment tribunals, interpretation, news, redundancy by sally

‘Those responsible for employment decisions in firms and businesses with multiple office locations will have been relieved that the Advocate General recommended a reversal of the Employment Appeal Tribunal’s interpretation of ‘one establishment’ in the Woolworths cases (USDAW v Ethel Austin Ltd (In administration) UKEAT/0547/12/kn[2013] IRL886) when his opinion was handed down on 5 February 2015. However, as the European Court of Justice is not obliged to follow the AG’s opinion, we still have some time to wait for further clarity on this issue.’

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The Futures of Law, 19th February 2015

Source: www.blogs.lexisnexis.co.uk

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Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

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Discrimination – tendency to physical abuse – Education Law Blog

‘A three-judge Upper Tribunal panel X v GB of a school has considered the exclusion of a tendency to physical abuse from the definition of disability under the Equality Act 2010.’

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Education Law Blog, 25th January 2015

Source: www.education11kbw.com

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Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan – UK Human Rights Blog

Posted January 19th, 2015 in appeals, bills, gangs, human rights, injunctions, interpretation, news, police by tracey

‘Chief Constable of the Greater Manchester Police v Scott Calder [2015]. The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (“IPGV” or “Gangbo”) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament.’

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UK Human Rights Blog, 19th January 2015

Source: www.ukhumanrightsblog.com

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Cosmetics tested on animals banned in the EU – or are they? – UK Human Rights Blog

‘R (on the application of the European Federation for Cosmetic Ingredients) v Secretary of State for Business, Innovation and Skills and the Attorney General, British Union for the Abolition of Vivisection and the European Coalition to End Animal Experiments (intervening) [2014] EWHC 4222 (Admin) 12 December 2014. Conscientious shoppers who check the labelling of shampoos and other cosmetic products for the “not tested on animals” legend may not be aware that there is in place an EU Regulation (“the Cosmetics Regulation”), enforceable by criminal sanctions, prohibiting the placing on the market of any product that has been tested on laboratory animals. Any comfort drawn from this knowledge however may be displaced by the uncertainty concerning the status of cosmetics whose ingredients have been tested on animals in non-EU or “third” countries. (Incidentally the Cruelty Cutter app is designed to enable consumers to test, at the swipe of a smart phone, whether the product they are contemplating purchasing has been tested on animals.)’

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UK Human RIghts Blog, 12th December 2014

Source: www.ukhumanrightsblog.com

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High Court judge overturns “overly generous interpretation” of relief from sanctions rules – OUT-LAW.com

Posted December 15th, 2014 in appeals, civil procedure rules, delay, disciplinary procedures, interpretation, news by tracey

‘Parties to civil litigation cases have been issued with an important reminder of the need to manage their cases effectively after the High Court overturned an “overly generous interpretation” of the rules governing when relief from sanctions can be granted.’

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OUT-LAW.com, 15th December 2014

Source: www.out-law.com

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