Willpower & determination – New Law Journal

‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

A Question of Taste : The Supreme Court and the Interpretation of Contracts – Speech by Lord Sumption

Posted May 17th, 2017 in contracts, interpretation, news, Supreme Court by sally

A Question of Taste : T he Supreme Court and the Interpretation of Contracts (PDF)

Speech by Lord Sumption

Harris Society Annual Lecture, Keble College, Oxford, 8th May 2017

Source: www.supremecourt.uk

Sumption: Supreme Court pulling back from broad construction of contracts – Litigation Futures

Posted May 17th, 2017 in contracts, interpretation, news, Supreme Court by sally

‘Lord Sumption has called for a return to a more straightforward approach to how judges construct contracts that focuses on the words rather than trying to work out what the parties intended by looking at the surrounding circumstances.’

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Litigation Futures, 16th May 2017

Source: www.litigationfutures.com

Supreme Court: contractual interpretation depends on a combination of text and context – OUT-LAW.com

Posted April 3rd, 2017 in contracts, indemnities, interpretation, news, Supreme Court by sally

‘The correct interpretation of a contract in England and Wales will depend on a range of factors, including the words of the contract and the context in which they are used, according to the UK’s highest court.’

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OUT-LAW.com, 3rd April 2017

Source: www.out-law.com

Convention’s prohibition on discrimination may apply to pre-Human Rights Act wills: Chancery Court – UK Human Rights Blog

Posted March 31st, 2017 in adoption, human rights, interpretation, news, wills by tracey

‘Hand and Anor v George [2017] EWHC 533 (Ch) (17 March 2017). The Adoption of Children Act 1926 s.5(2) had the effect that adopted children were not treated as “children” for the purposes of testamentary dispositions of property. The continuing application of this provision was a breach of the rights guaranteed by Article 14 in combination with Article 8 of the Convention. Therefore, the contemporary version of that provision, Adoption Act 1976 Sch.2 para.6, had to be read down so as to uphold the right not to be discriminated against.’

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UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Strict Interpretation by Court of Appeal of Condition Precedent in Favour of Insured by Court of Appeal – Park Square Barristers

Posted February 17th, 2017 in contracts, insurance, interpretation, news by sally

‘As with many insurance policies, the Respondent’s policy with the Appellant insurance company contained a condition precedent requiring the insured to notify its insurer “as soon as possible after the occurrence of any event likely to give rise to a claim”. The Appellant withdrew indemnity to the Respondent in respect of a claim, contending that such condition precedent had not been met.’

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Park Square Barristers, 23rd January 2017

Source: www.parksquarebarristers.co.uk

Sexual history evidence: fair game? – Counsel

Posted December 9th, 2016 in admissibility, consent, evidence, interpretation, news, rape, retrials by sally

‘Ali Naseem Bajwa QC and Eva Niculiu examine the issues raised by use of the complainant’s sexual history in the Ched Evans rape retrial.’

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Counsel, December 2016

Source: www.counselmagazine.co.uk

Judge quashes permission in basement and permitted development rights case – Local Government Lawyer

Posted December 9th, 2016 in building law, interpretation, local government, London, news, planning by sally

‘A judge has quashed the London Borough of Camden’s grant of planning permission for a basement extension, deciding that the planning committee misdirected itself over the volume of associated engineering works.’

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Local Government Lawyer, 6th December 2016

Source: www.localgovernmentlawyer.co.uk

Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

What do points mean? (No prizes) – Nearly Legal

Posted August 30th, 2016 in children, homelessness, housing, interpretation, local government, news by sally

‘Another allocation judicial review, related, but perhaps distinct from the line of ‘reasonable preference’ cases we have previously seen. The issue, in part, Islington’s use of a ‘points threshold’ for allowing bidding for properties, though not for qualification to the register.’

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Nearly Legal, 29th August 2016

Source: www.nearlylegal.co.uk

Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

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Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

‘More than half’ of taxpayer challenges to HMRC decisions successful – OUT-LAW.com

‘More than half of the challenges brought by taxpayers against HM Revenue and Customs (HMRC) decisions last year were successful, according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.’

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OUT-LAW.com, 23rd August 2016

Source: www.out-law.com

Gambling regulator looks to clamp down on unlicensed e-sports betting and gambling of ‘in-game’ items – OUT-LAW.com

Posted August 22nd, 2016 in class actions, gambling, internet, interpretation, licensing, news, ombudsmen by sally

‘The British gambling regulator has warned online platforms that facilitate bets on e-sports or which allow gamers to gamble virtual items they have obtained when gaming that they might require a gambling licence to continue with their operations.’

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OUT-LAW.com, 22nd August 2016

Source: www.out-law.com

High Court ruling due on whether new Labour members can vote in leadership contest – Daily Telegraph

‘A High Court judge is ruling on a bid by five new members of the Labour Party who have “paid their dues” for the legal right to vote in the forthcoming leadership election.’

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Daily Telegraph, 8th August 2016

Source: www.telegraph.co.uk

The Human Rights Act helps us hold power to account. We must defend it – The Guardian

‘Protestors like John Catt are being monitored by the state without explanation – except that they ‘could be a victim’ of a future crime. What’s going on?’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke – UK Constitutional Law Association

‘With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European Union’, the likelihood that Article 50 will actually be triggered has increased significantly. In addition to the cavalcade of recent posts addressing who is constitutionally empowered to make the Article 50 notification, attention has also been given to the question of whether an Article 50 notification made in conformity with the constitutional requirements of the UK could be subsequently revoked. An interesting argument raised by Charles Streeten is that ‘an Article 50 notification can be withdrawn unilaterally at any point prior to the expiry of the two year guillotine imposed by Article 50’. This post responds by challenging this argument on two grounds, arguing that ultimately a Member State cannot unilaterally revoke an Article 50 notification once it is made. It will do so by firstly outlining the argument made by Streeten, before explaining its difficulties and attempting to clarify the legal position. In concluding, it will be argued that the decision to trigger Article 50 is one that should be taken with the greatest care; relying upon technical legal arguments to provide a safety net risks creating further uncertainty and undermining the position of the UK in subsequent negotiations.’

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UK Constitutional Law Association, 27th July 2016

Source: www.ukconstitutionallaw.org

Avoid/evade – Counsel

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part II – Family Law Week

‘Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

Speech by Lady Justice Arden DBE: Is Commercial Arbitration the Future of Commercial Justice? – Courts and Tribunals Judiciary

‘Is Commercial Arbitration the Future of Commercial Justice?’

Full speech

Courts and Tribunals Judiciary,  5th July 2016

Source: www.judiciary.gov.uk

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org