Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India Quay – Hardwicke Chambers

Posted February 19th, 2019 in appeals, consent, interpretation, landlord & tenant, leases, news, repairs, Supreme Court by sally

‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

New Judgment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted February 14th, 2019 in agency, contracts, estate agents, interpretation, news, sale of land, Supreme Court by sally

‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Blog: Divorce and the Muslim community – Family Law

‘Solicitor advocate and law writer David Burrows writes that to define a valid marriage in English law is by no means obvious.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Aches on a Plane: Claimant unsuccessful after uncomfortable flight – Zenith PI

Posted February 5th, 2019 in accidents, aircraft, airlines, interpretation, news, personal injuries by tracey

‘In Prosser v British Airways Plc [2018] the Claimant was unsuccessful in his claim for damages arising from an injury suffered as a result of sitting next to a passenger of large stature on the Defendant’s aircraft.’

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Zenith PI, 4th February 2019

Source: zenithpi.wordpress.com

Practically complete or completely impractical? Navigating the pitfalls of what constitutes practical completion – Practical Law: Construction Blog

‘Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. It’s not surprising that these situations are contentious: contractors are keen that practical completion is certified so as to avoid or limit their liability for liquidated damages, trigger the return of retention monies and, often, to bring about an assessment of sums they consider due under the final account. Employers may be understandably reluctant to take possession of a property which they consider defective and by resisting practical completion an employer can put pressure on a contractor by withholding sums that would otherwise become due. Practical completion is therefore an important concept in construction contracts, although one that is often not precisely defined, which can cause uncertainty and hinder the operation of the contract.’

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Practical Law: Construction Blog, 23rd January 2019

Source: constructionblog.practicallaw.com

More flexibility, but potentially more disputes, after UK highways case – OUT-LAW.com

Posted January 14th, 2019 in appeals, interpretation, limitations, news, roads, Supreme Court by tracey

‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’

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OUT-LAW.com, 11th January 2018

Source: www.out-law.com

James Green: High Court makes finding of serious irregularity in Rule K Arbitration – Littleton Chambers

Posted December 12th, 2018 in arbitration, contracts, employment, interpretation, news, sport by sally

‘The High Court last week handed down its judgment in Fleetwood Wanderers Limited v AFC Fylde Limited [2018] EWHC 3318 (Comm), holding that a Rule K Arbitration Award was marred by serious irregularity. The successful Claimant was represented by Paul Gilroy QC.’

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Littleton Chambers, 5th December 2018

Source: www.littletonchambers.com

Letters of intent – what you need to know – Hardwicke Chambers

Posted December 12th, 2018 in construction industry, contracts, interpretation, news by sally

‘With the recent Court of Appeal decision in Arcadis Consulting v AMEC [2018] EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law.’

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Hardwicke Chambers, 5th November 2018

Source: hardwicke.co.uk

How has the Wessely Review grappled with the CRPD? – Doughty Street Chambers

Posted December 11th, 2018 in disabled persons, human rights, interpretation, mental health, news by sally

‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Anonymisation Guidance – a curtain of secrecy? – Transparency Project

‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’

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Transparency Project, 10th December 2018

Source: www.transparencyproject.org.uk

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Legal Aid Agency taken to court for refusing to help rough sleepers – The Guardian

‘A human rights organisation is taking the national provider of legal aid to court because it is refusing to help rough sleepers challenge councils over the use of potentially unlawful powers to move them on.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com

London borough changes its definition of ‘overcrowding’ after legal challenge: report – Local Government Lawyer

Posted October 19th, 2018 in housing, interpretation, local government, London, news by sally

‘A legal challenge brought by the Public Interest Law Unit (PILU) and Housing Action Southwark and Lambeth (HASL) has forced Southwark Council to change the definition it uses for ‘overcrowding’, it has been claimed.’

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Local Government Lawyer, October 2018

Source: www.localgovernmentlawyer.co.uk

Lord Carnwath at the Justice Human Rights Law Conference 2018, London – Supreme Court

‘Lord Carnwath at the Justice Human Rights Law Conference 2018, London. Human Rights and the Environment.’

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Supreme Court, 10th October 2018

Source: www.supremecourt.uk

Case Comment: Commissioners for HMRC v Taylor Clark Leisure Plc (Scotland) [2018] UKSC 35 – UKSC Blog

Posted October 3rd, 2018 in appeals, interpretation, news, Supreme Court, taxation, VAT by sally

‘This case revolves around Carlton Clubs Ltd’s (“Carlton”) claims for repayment of overpaid VAT following the change in VAT treatment of income generated from bingo and gaming machines.’

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UKSC Blog, 1st October 2018

Source: ukscblog.com

What are you implying? The role of implied terms in contract interpretation – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, contracts, drafting, interpretation, news by tracey

‘Recent cases, including the Court of Appeal’s judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract.’

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Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

“Poorly drafted” CFA that named wrong defendant still valid, Court of Appeal rules – Litigation Futures

Posted June 20th, 2018 in contracts, drafting, fees, interpretation, news by sally

‘A conditional fee agreement (CFA) that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled.’

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Litigation Futures, 20th June 2018

Source: www.litigationfutures.com

If it’s in the bundle, it’s in evidence – Hardwicke Chambers

Posted June 18th, 2018 in civil procedure rules, documents, evidence, interpretation, news by sally

‘A recent trial in the County Court in Central London has confirmed that any document in the trial bundle is in evidence, irrespective of whether it is adduced to a witness statement.’

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Hardwicke Chambers, 10th May 2018

Source: www.hardwicke.co.uk

Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them – Courts and Tribunals Judiciary

‘Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them.’

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Courts and Tribunals Judiciary, 19th April 2018

Source: www.judiciary.gov.uk

Accommodation pending Appeal – where to appeal a refusal? – Nearly Legal

Posted April 16th, 2018 in appeals, housing, interpretation, news by tracey

‘Davis v Watford Borough Council (2018) EWCA Civ 529. A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance.’

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Nearly Legal, 15th April 2018

Source: nearlylegal.co.uk