CMG Pension Trustees Ltd v CGI IT UK Ltd [2022] EWHC 2130 (Ch) – Radcliffe Chambers

Posted August 16th, 2022 in forfeiture, interpretation, news, ombudsmen, pensions by sally

‘On 11 August 2022 Mr Justice Leech handed down judgment in CMG Pension Trustees Ltd v CGI IT UK Ltd [2022] EWHC 2130 (Ch), a claim primarily concerning the construction of a rule in the CMG UK Pension Scheme which the defendant sponsoring employer contended provided for forfeiture of members’ benefits in specified circumstances.’

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Radcliffe Chambers, 11th August 2022

Source: radcliffechambers.com

Edmund Robinson: Fumbling with interpretation – Clause 5 of the Bill of Rights and the positive obligations challenge – UK Constitutional Law Association

Posted July 27th, 2022 in bills, brexit, constitutional law, human rights, interpretation, news by sally

‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’

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UK Constitutional Law Association, 27th July 2022

Source: ukconstitutionallaw.org

Gama Aviation v MWWMMWM: the problem of contractual formalities and informal novation – Practical Law: Construction Blog

Posted July 14th, 2022 in amendments, contracts, interpretation, news by tracey

‘The problem of what happens when parties do not act in accordance with contractual formalities is a hardy perennial in commercial disputes. Certain instances of the problem are peculiar to the construction industry, notably absent or inadequate notices of events giving rise to time and money, or absent or inadequate payment or pay less notices. Each of these has given rise to complex caselaw. Other instances are common to all commercial contexts. One is the practice of including a “no oral modification” clause in a contract, but then informally agreeing an amendment. This situation has proved sufficiently difficult to require a thorough review and restatement of the law by the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd.’

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Practical Law: Construction Blog, 13th July 2022

Source: constructionblog.practicallaw.com

A deliberate act needs options to choose between. – Nearly Legal

Posted June 6th, 2022 in families, housing, interpretation, local government, news by tracey

‘Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin). This was a judicial review of LB Southwark’s refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant’s current overcrowding in a private tenancy was a ‘deliberate act’. It is something of a sequel to Flores in 2020 (our note here), raising further issues with LB Southwark’s policy on overcrowding priority and ‘deliberate acts’.’

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Nearly Legal, 5th June 2022

Source: nearlylegal.co.uk

Laurence Fox denied first libel jury trial for a decade – Law Society’s Gazette

Posted May 20th, 2022 in bias, defamation, interpretation, judges, juries, news, racism, trials by sally

‘Actor and political activist Laurence Fox has failed in his bid for the first libel trial by jury in a decade over a social media spat between him and three public figures he called “paedophiles” on Twitter.’

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Law Society's Gazette, 18th May 2022

Source: www.lawgazette.co.uk

The CJEU casts doubt on England’s new post-Brexit divorce jurisdiction law – Family Law

‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’

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Family Law, 12th May 2022

Source: www.familylaw.co.uk

Laurence Fox seeks first libel jury trial for a decade – Law Society’s Gazette

Posted April 29th, 2022 in defamation, interpretation, juries, news, racism by tracey

‘Actor Laurence Fox is seeking the first jury trial in a libel case for a decade over a social media spat between him and three public figures he called “paedophiles” on Twitter.’

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Law Society's Gazette, 28th April 2022

Source: www.lawgazette.co.uk

In accordance with parameter plans – Local Government Lawyer

Posted March 25th, 2022 in interpretation, local government, news, planning by tracey

‘What does it mean to be “in accordance with” an approved plan? Daniel Kolinsky QC and Ben Fullbrook examine a recent High Court ruling.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

‘Music is so different now’: Copyright laws need to change, says legal expert – The Guardian

Posted March 14th, 2022 in artistic works, copyright, intellectual property, internet, interpretation, news by tracey

‘Songwriters such as Ed Sheeran face a future of drawn out legal battles because the way in which people consume music has changed so much in the past half a century, a leading legal expert has warned, as she urged courts to reconsider how they interpret copyright law.’

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The Guardian, 13th March 2022

Source: www.theguardian.com

Watchdog clears legal app over using ‘shyster’ in TV advert – Legal Futures

Posted February 23rd, 2022 in advertising, complaints, interpretation, Judaism, news, ombudsmen, racism by sally

‘The Advertising Standards Authority (ASA) has rejected a complaint about a TV advert for legal support app Legal Utopia using the word “shyster”.’

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Legal Futures, 23rd February 2022

Source: www.legalfutures.co.uk

What is ‘gaslighting’ and what does it mean in family court cases? – Transparency Project

‘We have noticed assumptions that family courts are familiar with the terms “gaslighting” and “being gaslit”, but is the meaning widely known and understood? A straw poll suggests not. This post will look at the origins of the concept, and its occurrence in modern case law and policy.’

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Transparency Project, 11th February 2022

Source: www.transparencyproject.org.uk

Carriageways, footways and standards of maintenance – Local Government Lawyer

‘Shaun O’Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.’

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Local Government Lawyer, 14th January 2022

Source: www.localgovernmentlawyer.co.uk

Lewis Graham: Going beyond, and going against, the Strasbourg Court – UK Constitutional Law Association

Posted January 11th, 2022 in gender, human rights, interpretation, news, passports, Supreme Court, treaties by tracey

‘Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time: no more but certainly no less”.’

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UK Constitutional Law Association, 11th January 2022

Source: ukconstitutionallaw.org

Appeal judges shut door on single-stage flight claims – Legal Futures

Posted January 5th, 2022 in airlines, appeals, compensation, delay, EC law, interpretation, news by sally

‘The flight delay compensation industry has suffered a blow after appeal judges rejected a claim over a four-stage flight from the US to India that was delayed when leaving Heathrow.’

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Legal Futures, 5th January 2022

Source: www.legalfutures.co.uk

Union loses legal challenge to PM’s decision to back Priti Patel – BBC News

‘The union for senior civil servants has lost its High Court challenge to Boris Johnson’s decision to back Priti Patel over claims she bullied staff.’

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BBC News, 6th December 2021

Source: www.bbc.co.uk

Company Law: How do the courts interpret the articles of association? – Bloomsbury Professional Law Online Blog

Posted December 1st, 2021 in company law, contracts, drafting, interpretation, limitations, news by sally

‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’

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Bloomsbury Professional Law Online Blog, 22nd November 2021

Source: law.bloomsburyprofessional.com

No need for new laws on smart contracts, Law Commission says – Legal Futures

Posted November 25th, 2021 in contracts, interpretation, Law Commission, news by sally

‘There is no need for new legislation on smart contracts because the existing laws of England and Wales can accommodate them, the Law Commission has said.’

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Legal Futures, 25th November 2021

Source: www.legalfutures.co.uk

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil – Local Government Lawyer

‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’

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Local Government Lawyer, 16th November 2021

Source: www.localgovernmentlawyer.co.uk

When is an order under s48 AJA appropriate? That’s a matter of opinions – Wilberforce Chambers

Posted November 2nd, 2021 in interpretation, legal advice, news, trusts, wills by sally

‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’

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Wilberforce Chambers, 21st October 2021

Source: www.wilberforce.co.uk

Mineral rights: mudstone in mid-Wales – Local Government Lawyer

Posted October 25th, 2021 in appeals, interpretation, local government, miners, news, Wales by tracey

‘Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk