‘Failure to remove’ claims – the decision in HXA v Surrey County Council – Local Government Lawyer

‘Paul Stagg analyses an important decision this month on “failure to remove” claims and also summarises the other case law to date, before looking at pending cases and the likely way forward to the higher courts.’

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Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

Contract interpretation – who has commercial common sense? – Practical Law: Construction Blog

Posted February 23rd, 2021 in construction industry, contracts, interpretation, news by tracey

‘The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual interpretation” (as stated by Lord Hodge in Wood v Capita Insurance Services Ltd). That means the factual background (matrix of fact) and commercial common sense still have a role to play where the plain meaning of the words is not clear (which is usually the reason why there is a dispute in the first place).’

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Practical Law: Construction Blog, 23rd February 2021

Source: constructionblog.practicallaw.com

The modern family – the interpretation of children, spouses and civil partners in older trust deeds – Wilberforce Chambers

‘It has become cliché to say that modern familial arrangements are vastly different now to how they were 50 years ago, but that does not make it any less true. In 2019, almost half of all births were outside of a marriage or civil-partnership, and 3,440 children were adopted from local authority care. With the passage of the Marriage (Same-Sex Couples) Act 2013, and the Civil Partnership (Opposite Sex Couples) Regulations 2019, the range of relationships that can be legally recognised, and the form that this recognition takes are also very different. Given the age of many settlements, traditional definitions of “children” or “spouse” can cause real difficulties.’

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Wilberforce Chambers, 17th February 2021

Source: www.wilberforce.co.uk

Forensic science rationing is putting justice at risk, says outgoing regulator – The Guardian

‘Police forces are having to ration forensic toxicology work, especially samples from suspected drug drivers, because there is not enough capacity in the system to handle the volume of work, the outgoing forensic science regulator has said.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

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St Philips Barristers, 9th February 2021

Source: st-philips.com

Court of Appeal rejects challenge to application of ‘tilted balance’ by two councils – Local Government Lawyer

Posted February 11th, 2021 in interpretation, local government, news, planning, statutory duty by sally

‘The Court of Appeal has rejected a developer’s case that two councils misapplied the “tilted balance” in the National Planning Policy Framework (NPPF).’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development – Local Government Lawyer

‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’

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Local Government Lawyer, 4th February 2021

Source: www.localgovernmentlawyer.co.uk

Fishbourne Developments Limited v Stephens – Parklane Plowden Chambers

‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’

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Parklane Plowden Chambers, 18th January 2021

Source: www.parklaneplowden.co.uk

New Judgment: Financial Conduct Authority v Arch Insurance (UK) Ltd and Ors [2021] UKSC 1 – UKSC Blog

‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’

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UKSC Blog, 15th January 2021

Source: ukscblog.com

Credit where credit’s due? A ‘likely’ story – Carmelite Chambers

‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

Covid fine review welcomed by ‘intimidated’ women – BBC News

Posted January 11th, 2021 in coronavirus, enforcement, fines, freedom of movement, interpretation, news, police by sally

‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’

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BBC News, 10th January 2021

Source: www.bbc.co.uk

What is the meaning of “good will”? The Court of Appeal continue the debate – Hardwicke Chambers

‘In Primus International Holding Company & Ors v Triumph Controls – UK Ltd & Anor [2020] EWCA Civ 1228, the Court of Appeal grappled with the proper interpretation of “goodwill” in a commercial contract, considering the natural meaning of “goodwill” in the commercial context and the definition prevalent in accounting practice. The case provides a useful reminder of the approach taken by the courts when construing contracts, highlighting the need for parties to spell out clearly their intended meaning of a term in their contractual agreement if they wish to depart from its ordinary and natural meaning.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers

Posted November 19th, 2020 in domicile, immigration, interpretation, news, regulations by sally

‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’

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Richmond Chambers, 10th November 2020

Source: immigrationbarrister.co.uk

Robustness of software – Digital Evidence and Electronic Signature Law Review

Posted November 18th, 2020 in computer programs, employment, fraud, interpretation, news, postal service by sally

‘In the English civil court case Bates v Post Office Limited (Bates 2019), the properties of the Post Office Horizon transaction-processing system were investigated and argued.’

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Digital Evidence and Electronic Signature Law Review, June 2020

Source: journals.sas.ac.uk

A note of caution for sports agents, introducers and intermediaries: beware the implied “effective cause” term – 2 Hare Court

Posted November 17th, 2020 in agency, contracts, interpretation, news, sport by sally

‘The recent decision of the High Court in Winlink Marketing Limited v Liverpool Football Club [2020] EWHC 2271 may have long lasting consequences for agents and intermediaries in facilitating and introducing parties to high-value sponsorship deals.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB

Posted November 17th, 2020 in copyright, EC law, interpretation, news, trade marks by sally

‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’

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3PB, 3rd November 2020

Source: www.3pb.co.uk

Water Sellers – Nearly Legal

‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’

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Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Causation in insurance law – a new interpretation? – Hardwicke Chambers

Posted October 30th, 2020 in causation, chambers articles, insurance, interpretation, news by sally

‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’

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Hardwicke Chambers, 6th October 2020

Source: hardwicke.co.uk

Court of Appeal upholds ruling that council overcharged tenants for water – Local Government Lawyer

Posted October 27th, 2020 in agreements, appeals, interpretation, landlord & tenant, local government, news, water by sally

‘The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water.’

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Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk

Man denied £1.7m payout by Betfred takes fight to High Court – BBC News

Posted October 16th, 2020 in computer programs, consumer protection, contracts, gambling, interpretation, news by sally

‘A man who was refused a payout of £1.7m after his online betting company account was credited with the money is taking his case to the High Court.’

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BBC News, 16th October 2020

Source: www.bbc.co.uk