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

Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 – Hardwicke Chambers

‘Willow engaged MTD to design and build a hotel in Shoreditch. As a result of delays in the project, the two parties agreed a revised practical completion date of 28 July 2017 (‘June Agreement’).’

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Hardwicke Chambers, 28th June 2019

Source: hardwicke.co.uk

Re-opening final decisions of police injury benefit determinations – UK Police Law Blog

‘In R (Boskovic) v Chief Constable of Staffordshire [2019] EWCA Civ 676, the Court of Appeal had to resolve apparently conflicting High Court decisions on two separate questions arising from the application of the Police (Injury Benefit) Regulations 2006. This blog post considers the implications for police pension authorities who are asked to agree to re-open a final decision, thereby avoiding the need for an appeal to the Police Medical Appeal Board, or a judicial review claim.’

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UK Police Law Blog, 2nd July 2019

Source: ukpolicelawblog.com

Defamation and church discipline: Otuo – Law and Religion UK

‘In Otuo v Watch Tower Bible and Tract Society of Britain [2019] EWHC 1349 (QB), Mr Otuo had been “disfellowshipped” by the Jehovah’s Witnesses and an announcement to that effect had been made at a meeting of the Wimbledon Congregation [1 & 2]. Further, during a meeting at which he sought to be reinstated, he had recorded surreptitiously one of those present making what he alleged to be a defamatory statement.’

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Law and Religion UK, 20th June 2019

Source: www.lawandreligionuk.com

High Court brings clarity over ‘contracting out’ of leases in statutory declarations – OUT-LAW.com

‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’

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OUT-LAW.com, 24th June 2019

Source: www.pinsentmasons.com

Reasonable Expenses and intentional homelessness – Nearly Legal

‘Samuels v Birmingham City Council (2019) UKSC 28. The Supreme Court, finally, has delivered its judgment on the issue of the assessment of “reasonable expenses” when considering the affordability of rent in homelessness decisions.’

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Nearly Legal, 16th June 2019

Source: nearlylegal.co.uk

Court of Appeal: Draft judgments not an “invitation to treat” – Litigaiton Futures

Posted June 4th, 2019 in appeals, drafting, interpretation, judges, judgments, news by sally

‘Receiving a judge’s draft judgment is not an “invitation to treat”, nor is it an opportunity to critique the ruling, enter into negotiations or reargue the case, the Court of Appeal has made clear.’

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Litigation Futures, 4th June 2019

Source: www.litigationfutures.com

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by tracey

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer

Posted May 23rd, 2019 in appeals, commons, interpretation, local government, news, planning by tracey

‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’

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Local Government Lawyer, 22nd May 2019

Source: www.localgovernmentlawyer.co.uk

Guidance on libel for the social media age – Law Society’s Gazette

‘”He tried to strangle me” – hardly innocuous words. But when Nicola Stocker posted them on Facebook in 2012 she could not have known it was the start of a 76-month libel dispute over two simple questions – questions that would reach the Supreme Court as Stocker v Stocker [2019] UKSC 17.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

Court of Appeal judgment gives guidance on meaning of ‘practical completion’ – OUT-LAW

Posted May 14th, 2019 in appeals, construction industry, contracts, interpretation, leases, news by sally

‘A Court of Appeal ruling clarifies the meaning of “practical completion”, a common source of dispute between construction contractors and employers.’

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OUT-LAW.com, 13th May 2019

Source: www.out-law.com

Parish councils win High Court challenge over abolition after borough misinterpreted guidance – Local Government Lawyer

‘Slough Borough Council misinterpreted government guidance and so an order providing for the abolition of two parish councils in its area must be quashed, a High Court judge has ruled.’

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Local Government Lawyer, 23rd April 2019

Source: www.localgovernmentlawyer.co.uk

Towards clarity on reporting obligations – Law Society’s Gazette

‘Last month the Solicitors Regulation Authority published its response to its ‘Reporting Concerns’ consultation, launched last year. You could be forgiven for missing the fanfare but this was big news in the world of law firm and lawyer regulation.’

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Law Society's Gazette, 11th March 2019

Source: www.lawgazette.co.uk

Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’

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4 New Square, 5th March 2019

Source: www.4newsquare.com

Council wins Upper Tribunal battle over service charge and replacement central heating – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

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