Category: interpretation

Part 36 Trumps Fixed Costs (and no Donald in Sight): Broadhurst and Taylor v Tan and Smith [2016] EWCA Civ 94 – Zenith PI Blog

Posted March 2nd, 2016 in appeals, civil procedure rules, costs, interpretation, news, part 36 offers, personal injuries by sally

‘In a claim which starts under the Pre-Action Protocol for Low Value Personal Injury Claims (in this case the RTA Protocol), what happens when a Claimant obtains a judgment against a defendant which is at least as advantageous to them as the proposals contained in a Part 36 offer – does the Claimant recover fixed costs only, as per the regime, or does the Claimant recover costs on an indemnity basis?’

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Zenith PI Blog, 1st March 2015

Source: www.zenithpi.wordpress.com

Sharing the Spoils – Tanfield Chambers

Posted February 24th, 2016 in covenants, insurance, interpretation, landlord & tenant, leases, news by sally

‘It is not uncommon for a lease to impose an obligation on one party or another to insure the subject property against the usual insured risks. But difficult questions can arise when the party placing the insurance is not the party in occupation. When and to what extent can the proceeds be shared? And what impact does such an arrangement have on damage caused by the occupier’s negligence?’

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Tanfield Chambers, 9th February 2016

Source: www.tanfieldchambers.co.uk

On Flooding and Abstraction – Falcon Chambers

Posted February 23rd, 2016 in drafting, interpretation, news, water by sally

‘It is reassuring to know that someone, somewhere, has taken the time and effort to apply precision and ingenuity of parliamentary draftsmanship in order to define, at least for the purposes of the FWMA 2010 if no other, what is meant by a flood (and what is not).’

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Falcon Chambers, 26th January 2016

Source: www.falcon-chambers.com

Mother hopes joint enterprise verdict will overturn son’s murder conviction – The Guardian

Posted February 22nd, 2016 in appeals, interpretation, joint enterprise, murder, news, Supreme Court by sally

‘The mother of one of the teenage boys convicted of murdering Garry Newlove has said she hopes a supreme court ruling against the so-called joint enterprise law will bolster the case for her son’s conviction to be thrown out.’

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The Guardian, 20th February 2016

Source: www.guardian.co.uk

Dolton Powell murder: Joint enterprise ruling causes charge rethink – BBC News

Posted February 22nd, 2016 in appeals, gangs, homicide, interpretation, joint enterprise, murder, news, racism, Supreme Court by sally

‘Prosecutors are reconsidering murder charges in the trial of eight people following a Supreme Court ruling on the joint enterprise law.’

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BBC News, 19th February 2016

Source: www.bbc.co.uk

Publications must be taken as a whole when determining meaning, rules High Court – OUT-LAW.com

Posted February 19th, 2016 in defamation, interpretation, media, news by sally

‘In order to determine the meaning of a publication in defamation, what matters is the publication taken as a whole, a High Court judge has said.’

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OUT-LAW.com, 19th February 2016

Source: www.out-law.com

Joint enterprise law wrongly interpreted for 30 years, court rules – The Guardian

Posted February 18th, 2016 in appeals, evidence, interpretation, joint enterprise, judgments, news, Supreme Court by sally

‘A key test imposed by judges in assessing guilt in so-called joint enterprise killings has been wrongly interpreted for the past 30 years, the supreme court has ruled.’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

Who Guards the Guardians? – Family Law Week

Posted February 1st, 2016 in adoption, children, codes of practice, consultations, families, family courts, guardianship, interpretation, legal representation, news by tracey

‘The Association of Lawyers for Children and the National Association of Guardians ad Litem and Reporting Officers respond to recent guidance given in the Central Family Court on the need for guardians to justify their attendance at care hearings save in specified circumstances.’

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Family Law Week, 31st January 2016

Source: www.familylawweek.co.uk

Investigatory powers bill: snooper’s charter lacks clarity, MPs warn – The Guardian

Posted February 1st, 2016 in bills, codes of practice, intelligence services, internet, interpretation, investigatory powers, news, police, proportionality, select committees, telecommunications, terrorism by tracey

‘The government’s investigatory powers bill lacks clarity and is sowing confusion among tech firms about the extent to which “internet connection records” will be collected, a parliamentary select committee has warned.’

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The Guardian, 1st February 2016

Source: www.guardian.co.uk

Court of Appeal permits early redemption of Lloyds Banking Group’s Enhanced Capital Notes – Commercial Disputes Blog

Posted January 13th, 2016 in appeals, banking, contracts, financial regulation, interpretation, news, time limits by sally

‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’

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Commercial Disputes Blog, 4th January 2016

Source: www.rpc.co.uk

Finance and Divorce Update January 2016 – Family Law Week

Posted January 11th, 2016 in appeals, computer programs, contempt of court, dispute resolution, divorce, EC law, families, family courts, fees, internet, interpretation, jurisdiction, marriage, news, perjury by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

Posted January 6th, 2016 in appeals, assault, deportation, EC law, freedom of movement, identity fraud, immigration, interpretation, news, proportionality, robbery by sally

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, change of use, enforcement, interpretation, law reports, local government, planning, time limits by sally

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1246; [2015] WLR (D) 514

‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Ramburs Inc v Agrifert SA – WLR Daily

Posted December 9th, 2015 in appeals, arbitration, contracts, interpretation, law reports, sale of goods by sally

Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505

‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Good Faith Clauses in Development Agreements – Tanfield Chambers

Posted December 9th, 2015 in contracts, interpretation, news, sale of land, standards, statutory duty by sally

‘In recent years it has become increasingly common for parties to a development agreement to agree to act towards one another with “good faith”. The meaning and extent of the obligations on the contracting parties imposed by such clauses is often difficult to ascertain. The purpose of this paper is to consider a number of cases in which good faith clauses, implied and express, are discussed and identify the general principles that apply to development agreements.’

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Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

A return to orthodoxy in matters of contractual interpretation – New Square Chambers

Posted December 9th, 2015 in contracts, drafting, interpretation, news by sally

‘In its decision in Arnold v Britton [2015] 2 WLR 1593 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts.’

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New Square Chambers, 1st December 2015

Source: www.newsquarechambers.co.uk

David Miranda in fresh challenge over Heathrow detention – The Guardian

Posted December 9th, 2015 in airports, appeals, detention, freedom of expression, human rights, intelligence services, interpretation, media, news, privacy, proportionality, terrorism, whistleblowers by sally

‘David Miranda, the partner of the former Guardian journalist Glenn Greenwald, has launched a fresh appeal challenging the legality of his detention under counter-terrorism powers for nine hours at Heathrow airport in 2013.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

Leasehold disputes and costs – Nearly Legal

Posted December 7th, 2015 in appeals, costs, housing, interpretation, landlord & tenant, leases, news by sally

‘Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses can (and do) “trump” any procedural restrictions on the award of costs, see, e.g. Chaplair, but, of course, it is always a question of construction as to what the clause in question covers.’

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Nearly Legal, 5th December 2015

Source: www.nearlylegal.co.uk

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another – WLR Daily

Posted December 4th, 2015 in apportionment, interpretation, landlord & tenant, law reports, leases, rent by tracey

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another: [2015] UKSC 72; [2015] WLR (D) 501

‘A term would only be implied into a detailed commercial contract if its implication were necessary to give business efficacy to the contract or so obvious that went without saying.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Stonehenge druid King Arthur resurrects remains battle – BBC News

Posted December 2nd, 2015 in burials and cremation, interpretation, judicial review, monuments, news by sally

‘A senior druid has vowed to seek a judicial review over a government decision allowing ancient human remains from Stonehenge to be kept in a museum.’

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BBC News, 2nd December 2015

Source: www.bbc.co.uk