Category: interpretation

Company Law: How do the courts interpret the articles of association? – Bloomsbury Professional Law Online Blog

Posted December 1st, 2021 in company law, contracts, drafting, interpretation, limitations, news by sally

‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’

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Bloomsbury Professional Law Online Blog, 22nd November 2021

Source: law.bloomsburyprofessional.com

No need for new laws on smart contracts, Law Commission says – Legal Futures

Posted November 25th, 2021 in contracts, interpretation, Law Commission, news by sally

‘There is no need for new legislation on smart contracts because the existing laws of England and Wales can accommodate them, the Law Commission has said.’

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Legal Futures, 25th November 2021

Source: www.legalfutures.co.uk

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil – Local Government Lawyer

Posted November 17th, 2021 in appeals, climate change, energy, environmental protection, interpretation, local government, miners, news, planning by sally

‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’

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Local Government Lawyer, 16th November 2021

Source: www.localgovernmentlawyer.co.uk

When is an order under s48 AJA appropriate? That’s a matter of opinions – Wilberforce Chambers

Posted November 2nd, 2021 in interpretation, legal advice, news, trusts, wills by sally

‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’

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Wilberforce Chambers, 21st October 2021

Source: www.wilberforce.co.uk

Mineral rights: mudstone in mid-Wales – Local Government Lawyer

Posted October 25th, 2021 in appeals, interpretation, local government, miners, news, Wales by tracey

‘Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Council loses High Court battle over taking into account of past over-supply of housing – Local Government Lawyer

Posted October 22nd, 2021 in housing, interpretation, local government, news, planning by sally

‘The National Planning Policy Framework (NPPF) is silent on whether an earlier oversupply of housing can affect a council’s future five-years land supply for homes.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Bringing it all back home: TUPE reform after Brexit – by Charles Wynn-Evans – UK Labour Law

Posted September 24th, 2021 in brexit, EC law, employment, interpretation, news, transfer of undertakings by sally

‘Despite the concerns expressed by many commentators ahead of Brexit about the possibility of significant deregulatory reform of employment protection legislation once the United Kingdom left the EU, precious little has been heard subsequently in this regard in terms of specific proposals other than a brief flurry of speculation earlier this year about potential reform of working time, rest break and holiday entitlement provisions. This culminated in the Government’s confirmation that a review of workers’ rights would not be proceeding and its statement, in explaining the failure to include the promised Employment Bill in the most recent Queen’s Speech, that it is “unequivocal in its commitment to protect and enhance workers’ rights as we build back better from the pandemic….”’

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UK Labour Law, 22nd September 2021

Source: uklabourlawblog.com

Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog

Posted September 3rd, 2021 in construction industry, contracts, interpretation, news, warranties by tracey

‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’

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Practical Law: Construction Blog, 2nd September 2021

Source: constructionblog.practicallaw.com

Getting everything you bargained for: X v Kuoni Travel Limited [2021] UKSC 34 determines the scope of ‘holiday arrangements’ in Package Travel claims – Devereux Chambers

Posted August 6th, 2021 in appeals, chambers articles, contracts, holidays, interpretation, news, rape, sexual offences, Supreme Court, vicarious liability by sally

‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’

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Devereux Chambers, 3rd August 2021

Source: www.devereuxchambers.co.uk

Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve

Posted July 30th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by sally

‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’

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Mills & Reeve, 29th July 2021

Source: www.mills-reeve.com

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by tracey

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

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OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Interpretation of alleged inconsistencies between bespoke terms and standard forms – Practical Law: Construction Blog

Posted June 25th, 2021 in appeals, construction industry, contracts, interpretation, news by tracey

‘Last month, the Court of Appeal handed down its judgment in Septo Trading Inc v Tintrade Ltd. While the case does not change the law, it provides a helpful outline as to the approach to be taken to interpreting alleged inconsistencies between bespoke terms and the terms of standard forms within a given contract. The case will be of general interest to practitioners, in particular those whose practice incorporates construction or shipping work, where standard forms are commonplace.’

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Practical Law: Construction Blog, 24th June 2021

Source: constructionblog.practicallaw.com

Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers

Posted June 14th, 2021 in appeals, chambers articles, contracts, interpretation, news, pensions by sally

‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’

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Wilberforce Chambers, 11th June 2021

Source: www.wilberforce.co.uk

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

Posted May 26th, 2021 in appeals, indemnities, interpretation, jurisdiction, law firms, news, non-disclosure agreements, restraint of trade, solicitors, Supreme Court by sally

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

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UKSC Blog, 25th May 2021

Source: ukscblog.com

Case Comment: Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12 – UKSC Blog

Posted May 25th, 2021 in contracts, exclusion clauses, insurance, interpretation, news, Scotland, Supreme Court, third parties by sally

‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’

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UKSC Blog, 21st May 2021

Source: ukscblog.com

Can you exclude or limit liability for a deliberate breach of contract? – Practical Law: Construction Blog

Posted May 20th, 2021 in contracts, exclusion clauses, interpretation, news by tracey

‘The short answer to this question is yes. But matters become slightly more complicated when considering how this can be done.’

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Practical Law: Construction Blog, 19th May 2021

Source: constructionblog.practicallaw.com

After Uber: Purposive Interpretation and the Future of Contract – by Joe Atkinson and Hitesh Dhorajiwala – UK Labour Law

Posted April 1st, 2021 in contract of employment, employment, interpretation, news, Supreme Court, taxis by tracey

‘The Uber BV v Aslam [2021] UKSC 5 (“Uber (SC)”) judgment from the Supreme Court represents the final chapter in the long-running saga of determining the employment status of drivers who provided trips to passengers via the Uber app. As highlighted by Valerio De Stefano, the finding that the drivers must be classed as workers is part of a wider trend of decisions rejecting arguments that platform workers fall outside the regulatory scope of employment law. This blog considers key aspects of the Supreme Court’s reasoning, relating to the “purposive approach” and the role of contractual documentation in determining employment status, as well as some of the practical consequences of the judgment for workers.’

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UK Labour Law, 1st April 2021

Source: uklabourlawblog.com

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

Posted March 1st, 2021 in care orders, children, duty of care, families, interpretation, local government, news, social services by tracey

‘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

Posted February 18th, 2021 in chambers articles, children, civil partnerships, interpretation, married persons, news, trusts by sally

‘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