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

Court of Appeal: broadly-worded settlement clause precluded later claim for negligence – OUT-LAW.com

Posted February 14th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by michael

“A broadly-worded settlement clause between a London law firm which sued its former client for unpaid fees was sufficient to prevent a later claim for negligence, the Court of Appeal has confirmed.”

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OUT-LAW.com, 13th February 2018

Source: www.out-law.com

CoA rules £70m negligence claim blocked by settlement agreement – Law Society’s Gazette

Posted February 9th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by tracey

‘The Court of Appeal has ruled that a firm cannot be sued for negligence after parties had signed a covenant as part of a settlement agreement.’

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Law Society's Gazette, 9th February 2018

Source: www.lawgazette.co.uk

Genuine Discretion vs Absolute Contractual rights – 4 KBW

Posted December 11th, 2017 in contracts, interpretation, news by sally

‘Business contracts have become the language and form of commercial transactions. Their ubiquity is only surpassed by their functionality. They are useful for establishing one parties rights and obligations towards others as well as available remedies and dispute resolution mechanisms. Contracts can also confer powers upon a party to decide on issues that affect another party.’

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4 KBW, 5th December 2017

Source: www.4kbw.net

Termination payments to Spurs players not subject to national insurance, Tribunal confirms – OUT-LAW.com

‘Payments to two footballers for early termination of fixed term contracts were taxable as termination payments and not as general earnings, even though the contracts envisaged early termination by mutual consent, the UK’s Upper Tribunal has decided, upholding an early First-Tier tribunal decision.’

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OUT-LAW.com, 4th December 2017

Source: www.out-law.com

Employment: Is the gig finally up for Uber? – Law Society’s Gazette

Posted December 4th, 2017 in appeals, employment, employment tribunals, interpretation, news, taxis by sally

‘It is fair to say that this year has been something of an annus horribilis for Uber. Amid the non-renewal of its London licence, data hacks and numerous other controversies, the ride-hailing business has also been doing battle in the UK employment tribunals. In the latest stage of this particular journey, Uber did not fare well.’

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Law Society's Gazette, 4th December 2017

Source: www.lawgazette.co.uk

Thomas Horsley: In (Domestic) Courts We Trust: The European Union (Withdrawal) Bill and The Interpretation of Retained EU Law – UK Constitutional Law Association

Posted November 28th, 2017 in bills, EC law, interpretation, news, treaties by sally

‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’

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UK Constitutional Law Association, 27th November 2017

Source: ukconstitutionallaw.org

Court rejects call by council for pensions set-off from officer convicted of fraud – Local Government Lawyer

Posted November 27th, 2017 in equity, fraud, interpretation, local government, London, news, ombudsmen, pensions, regulations by sally

‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’

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Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

It’s all a matter of Interpretation – Hardwicke Chambers

Posted November 23rd, 2017 in construction industry, contracts, drafting, interpretation, news by sally

‘It is often the case that, when parties negotiate the parties’ rights to terminate a contract on particular terms, one party will often wish to have an opportunity to rectify any potential termination default that they have committed, whereas the other will wish to retain the discretion to determine when a contract will come to an end in the event of a termination event. The issue in the case was essentially about contractual interpretation, and a conflict within a termination clause which meant either the main contractor was entitled to serve a termination notice immediately on its subcontractor, or that there was a requirement that the main contractor provide an opportunity to the subcontractor to remedy the default before serving a termination notice.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Starham v Greene King – Falcon Chambers

‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

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Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

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Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

Condition precedents and the rule against redundancy in contract interpretation – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, interpretation, news, rectification by tracey

‘In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.’

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Practical Law: Construction Blog, 15th November 2017

Source: constructionblog.practicallaw.com

Appeal court orders proportionality test case revisit – Law Society’s Gazette

Posted November 8th, 2017 in appeals, civil procedure rules, costs, interpretation, judges, news, proportionality by tracey

‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’

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Law Society's Gazette, 7th November 2017

Source: www.lawgazette.co.uk

How long has this been going on? – settled accommodation – Nearly Legal

‘The issue in this second appeal was what amounts to ‘settled accommodation’, sufficient to break the chain of causation of intentional homelessness.’

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Nearly Legal, 29th October 2017

Source: nearlylegal.co.uk

‘Tax gap’ due to ‘legal interpretation’ jumps 9% to £6bn – OUT-LAW.com

‘The amount of tax the UK’s HM Revenue & Customs (HMRC) thinks is being underpaid due to ‘legal interpretation’ has increased by 9% over the last year to £6bn, up from £5.5bn in 2014/15 according to ‘tax gap’ figures released by the tax authority.’

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OUT-LAW.com, 27th October 2017

Source: www.out-law.com

Lea v Ward [2017] EWHC 2231 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in damages, interpretation, news, rights of way by sally

‘The High Court held that the most natural reading of a deed granting a right of way “over the track or way” was to limit the right of way to the track that was actually in use at the time of the grant in 1979. The claim concerned the existence, location and in particular, the width of a right of way. The Claimant sought injunctions and damages for interference.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman – Cloisters

Posted October 20th, 2017 in company law, competition, covenants, interpretation, news by sally

‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’

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Cloisters, 12th October 2017

Source: www.cloisters.com

ECJ status post-Brexit – Counsel

Posted October 20th, 2017 in bills, EC law, interpretation, news by sally

‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk