Interpreting property contracts: Some “special” principles – Wilberforce Chambers

Posted November 26th, 2019 in contracts, conveyancing, interpretation, land registration, news by sally

‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’

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Wilberforce Chambers, 13th November 2019

Source: www.wilberforce.co.uk

Crypto statement a ‘watershed’ for English law – Law Society’s Gazette

‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

What is coercive control and why is it so difficult to recognize? – OUP Blog

‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’

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OUP Blog, 25th November 2019

Source: blog.oup.com

Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com

Posted November 21st, 2019 in appeals, interpretation, local government, news, planning, Supreme Court by tracey

‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’

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OUT-LAW.com, 20th November 2019

Source: www.pinsentmasons.com

New Balance fails to equalise in sponsorship dispute – Practical Law: Construction Blog

Posted November 14th, 2019 in contracts, interpretation, news, sport by tracey

‘In a step change from the days of Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (trading as Medirest) in which the Court of Appeal rejected the notion of a general doctrine of good faith, many construction contracts now include an express requirement to act in “good faith”.’

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Practical Law: Construction Blog, 13th November 2019

Source: constructionblog.practicallaw.com

Why The Legal Definition Of Consent Fails Victims – Rights Info

‘A British man called Jason Lawrance is appealing his conviction for raping a woman. The woman had willingly had unprotected sex with him – he told her he’d had a vasectomy – but she pressed charges after he texted her to say he had lied.’

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Rights Info, 31st October 2019

Source: rightsinfo.org

Bailing Out Lehman Brothers? – Littleton Chambers

Posted October 31st, 2019 in contracts, interpretation, mistake, news, restitution by sally

‘Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.’

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Littleton Chambers, 1st October 2019

Source: www.littletonchambers.com

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

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Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

More on “vulnerability” – Nearly Legal

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

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Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Liverpool win High Court case against New Balance paving way for new Nike kit deal – The Independent

Posted October 25th, 2019 in contracts, interpretation, news, sport by sally

‘Liverpool FC have won a High Court battle over a multimillion-pound sponsorship deal with American sportswear giant New Balance.’

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The Independent, 25th October 2019

Source: www.independent.co.uk

The House of Lords on marriages and sharia law – Law & Religion UK

Posted October 25th, 2019 in cohabitation, interpretation, islamic law, marriage, news, parliament, women by sally

‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:

“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’

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Law & Religion UK, 24th October 2019

Source: www.lawandreligionuk.com

In-house lawyer cannot rely on leaked email for discrimination claim – Legal Futures

‘A former senior in-house lawyer at Shell cannot rely on a leaked internal email or an overheard pub conversation in his discrimination claim against the company, the Court of Appeal has ruled.’

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Legal Futures, 23rd October 2019

Source: www.legalfutures.co.uk

Court of Appeal orders early neutral evaluation despite party objection – Family Law

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

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Family Law, 21st October 2019

Source: www.familylaw.co.uk

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

Vaginal surgery and piercings are not FGM, says CPS guideline – The Guardian

‘Increasingly popular vaginal cosmetic surgery and genital piercing should in most cases not be prosecuted as female genital mutilation (FGM), according to fresh guidance issued by the Crown Prosecution Service.’

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The Guardian, 17th October 2019

Source: www.theguardian.com

Gender recognition and parenthood – Family Law

‘Jeremy Ford, a Solicitor-Advocate at Cambridge Family Law Practice, acted pro bono on behalf of the Litigation Friend for the child at the centre of the landmark case of TT v Registrar General of England and Wales and Secretary of State for Health and Social Careheard by the President of the Family Division. The judgment was handed down on 25 September 2019 and has been reported as TT, R (On the Application Of) v The Registrar General for England and Wales[2019] EWHC 2384 (Fam) (25 September 2019).’

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Family Law, 7th October 2019

Source: www.familylaw.co.uk

Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, EC law, international law, interpretation, news, time limits, treaties by sally

‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’

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UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

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Hardwicke Chambers, 12th August 2019

Source: hardwicke.co.uk

New Judgment: Tillman v Egon Zehnder Ltd [2019] UKSC 32 – UKSC Blog

‘This appeal considered whether the doctrine of restraint of trade is engaged by a restriction on post-employment shareholding, the proper construction of the phrase ‘interested in’ in a non-competition covenant, and the correct approach to severance of a non-competition covenant.’

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UKSC Blog, 3rd July 2019

Source: ukscblog.com