Category: interpretation

“Football is Football” – Relegation Not Ground For Re-valuing a Football Stadium – Francis Taylor Building

Posted February 14th, 2020 in chambers articles, interpretation, news, sport, tribunals, valuation by sally

‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’

Full Story

Francis Taylor Building, 14th February 2020

Source: www.ftbchambers.co.uk

R (Jalloh (Liberia)) v Secretary of State for the Home Department [2020] UKSC 4 – UKSC Blog

Posted February 12th, 2020 in appeals, bail, damages, detention, false imprisonment, human rights, immigration, imprisonment, interpretation, news, Supreme Court by sally

‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’

Full Story

UKSC Blog, 12th February 2020

Source: ukscblog.com

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

Posted January 24th, 2020 in appeals, building law, housing, insurance, interpretation, leases, limitations, news, standards, warranties by tracey

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

Full Story

Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

Ethical Veganism as a Protected Characteristic – St John’s Building

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, equality, interpretation, news, statutory interpretation, unfair dismissal, veganism by sally

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

Full Story

St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

Protection for a philosophical belief: why some beliefs but not others? – The 36 Group

Posted January 15th, 2020 in employment, employment tribunals, equality, human rights, interpretation, news, veganism by sally

‘Fergus McCombie employment law expert at 36 Commercial comments on recent tribunal decision.’

Full Story

The 36 Group, 9th January 2020

Source: 36group.co.uk

Sikhs, beards and “hygiene”: Sethi – Law & Religion UK

Posted January 15th, 2020 in codes of practice, employment, employment tribunals, health & safety, interpretation, news, religious discrimination, Sikhism by sally

‘In Mr R Sethi v Elements Personnel Services Ltd [2019] ET 2300234/2018, the Claimant, a practising but unbaptised Sikh, applied for a job with the Respondent: a specialist agency providing temporary staff for the hospitality industry, mainly at five-star hotels. He attended an induction course at which he was asked to sign various documents including the Respondent’s standard Contract for Agency Workers, which included the Respondent’s Code of Conduct. The Code provided, înter alia, that “No beards or goatees are allowed”. He explained that he would not be able to shave off his beard for religious reasons.’

Full Story

Law & Religion UK, 15th January 2020

Source: www.lawandreligionuk.com

Judge makes preliminary ruling in Carole Cadwalladr libel case – The Guardian

Posted December 13th, 2019 in brexit, defamation, elections, freedom of expression, interpretation, media, news, referendums, Russia by sally

‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’

Full Story

The Guardian, 12th December 2019

Source: www.theguardian.com

Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

Full Story

Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

Interpreting property contracts: Some “special” principles – Wilberforce Chambers

Posted November 26th, 2019 in contracts, conveyancing, interpretation, land registration, news by sally

‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’

Full Story

Wilberforce Chambers, 13th November 2019

Source: www.wilberforce.co.uk

Crypto statement a ‘watershed’ for English law – Law Society’s Gazette

Posted November 25th, 2019 in computer programs, contracts, cryptocurrencies, electronic commerce, electronic filing, internet, interpretation, news by sally

‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’

Full Story

Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

What is coercive control and why is it so difficult to recognize? – OUP Blog

Posted November 25th, 2019 in bills, coercive & controlling behaviour, domestic violence, enforcement, families, interpretation, news, police, prosecutions, statistics by sally

‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’

Full Story

OUP Blog, 25th November 2019

Source: blog.oup.com

Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com

Posted November 21st, 2019 in appeals, interpretation, local government, news, planning, Supreme Court by tracey

‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’

Full Story

OUT-LAW.com, 20th November 2019

Source: www.pinsentmasons.com

New Balance fails to equalise in sponsorship dispute – Practical Law: Construction Blog

Posted November 14th, 2019 in contracts, interpretation, news, sport by tracey

‘In a step change from the days of Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (trading as Medirest) in which the Court of Appeal rejected the notion of a general doctrine of good faith, many construction contracts now include an express requirement to act in “good faith”.’

Full Story

Practical Law: Construction Blog, 13th November 2019

Source: constructionblog.practicallaw.com

Why The Legal Definition Of Consent Fails Victims – Rights Info

Posted November 1st, 2019 in consent, deceit, equality, homosexuality, interpretation, news, rape, sexual offences, victims, women by sally

‘A British man called Jason Lawrance is appealing his conviction for raping a woman. The woman had willingly had unprotected sex with him – he told her he’d had a vasectomy – but she pressed charges after he texted her to say he had lied.’

Full Story

Rights Info, 31st October 2019

Source: rightsinfo.org

Bailing Out Lehman Brothers? – Littleton Chambers

Posted October 31st, 2019 in contracts, interpretation, mistake, news, restitution by sally

‘Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.’

Full Story

Littleton Chambers, 1st October 2019

Source: www.littletonchambers.com

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

Posted October 30th, 2019 in civil procedure rules, compensation, costs, interpretation, news, personal injuries by sally

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

Full Story

Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

Full Story

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Liverpool win High Court case against New Balance paving way for new Nike kit deal – The Independent

Posted October 25th, 2019 in contracts, interpretation, news, sport by sally

‘Liverpool FC have won a High Court battle over a multimillion-pound sponsorship deal with American sportswear giant New Balance.’

Full Story

The Independent, 25th October 2019

Source: www.independent.co.uk

The House of Lords on marriages and sharia law – Law & Religion UK

Posted October 25th, 2019 in cohabitation, interpretation, islamic law, marriage, news, parliament, women by sally

‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:

“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’

Full Story

Law & Religion UK, 24th October 2019

Source: www.lawandreligionuk.com