High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions – Garden Court Chambers

‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’

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Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk

The myth that Article 50 is a one-way street – New Law Journal

Posted December 11th, 2018 in brexit, EC law, news, statutory interpretation, treaties by sally

‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’

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New Law Journal, 5th December 2018

Source: www.newlawjournal.co.uk

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

High Court: inspector entitled to approve revision to planning condition – OUT-LAW.com

Posted December 5th, 2018 in energy, local government, news, planning, statutory interpretation by sally

‘A planning inspector did not exceed her authority when she granted permission to a wind turbine developer to build larger turbines than those provided for in the original planning permission, the High Court has ruled.’

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OUT-LAW.com, 4th December 2018

Source: www.out-law.com

Owner of Grade II listed house loses appeal over removal of limestone piers – Local Government Lawyer

‘Being on the register of listed buildings is enough to give a structure protection and its validity cannot be challenged in disputes over enforcement, the Court of Appeal has ruled.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

How has the EU shaped the UK’s tax landscape – 39 Essex Chambers

Posted November 2nd, 2018 in EC law, news, statutory interpretation, taxation by sally

‘In 1973, when the UK acceded to the EU, the new legal order profoundly affected the interpretation of UK statutes, including tax statues. The infringement procedure has often led to changes in UK law, although not always to the extent initially requested. Corporation tax has become the best-known area of EU influence, with litigation over dividends, tax credits, cross-border tax relief and controlled foreign companies. EU law necessarily governs VAT, although member states are given considerable discretion both by the legislator and the courts. The doctrine of abuse of right derives from the EU legal order but the UK has played a major role in developing it. EU law has affected the activity of tax authorities, the structure of the system of appeals and the permitted structure of taxes, as well as substantive tax law. HMRC has become used to cooperation between tax authorities in the single market, and a role for EU law may arise through the terms of the EU/UK trade agreement, as well as through domestic legislation.’

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39 Essex Chambers, 29th October 2018

Source: www.39essex.com

You ain’t the boss of me (yet) – Nearly Legal

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International – UK Constitutional Law Association

‘Lee v Ashers Baking Company Ltd [2018] UKSC 49 (“gay cake”case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights or equality perspective, but from an administrative law perspective too. This is because the case contains a judgment, delivered by Lord Mance, which offers the unanimous court’s view on the meaning of a finality clause contained in the County Courts (Northern Ireland) Order 1980.’

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UK Constitutional Law Association, 23rd October 2018

Source: ukconstitutionallaw.org

Electoral Commission ‘misinterpreted’ Vote Leave expenses, court rules – BBC News

Posted September 17th, 2018 in expenses, fines, news, referendums, statutory interpretation by sally

‘The Electoral Commission misinterpreted EU referendum spending laws allowing Vote Leave to break them, the High Court has ruled.’

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BBC News, 14th September 2018

Source: www.bbc.co.uk

The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – Blackstone Chambers

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. It will become familiar in just the same way as did the European Communities Act 1972 (“ECA 1972”) before it (which the Act will repeal). This article seeks briefly to summarise the purpose and architecture of the Act; to identify some key themes of change; and to outline ten key implications for UK law and lawyers. It then concludes with a brief observation about transitional arrangements and thereafter.’

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Blackstone Chambers, 19th July 2018

Source: www.blackstonechambers.com

The Divorce Trap: Life After Owens v Owens – Family Law Week

Posted August 8th, 2018 in consent, divorce, news, statutory interpretation, Supreme Court by tracey

‘Georgina Rushworth, Family Law Barrister at Coram Chambers, where she specialises in divorce and its financial consequences, considers the implications of the recent Supreme Court decision.’

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Family Law Week, 3rd August 2018

Source: www.familylawweek.co.uk

Disability related error of judgment amounts to discrimination arising from disability – No. 5 Chambers

‘Following a line of decisions in the Employment Appeal Tribunal, the Court of Appeal in City of York v P J Grosset [2018] EWCA Civ 1105 so held.’

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No. 5 Chambers, 11th July 2018

Source: www.no5.com

James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association

Posted July 30th, 2018 in constitutional law, EC law, news, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’

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UK Constitutional Law Association, 26th July 2018

Source: ukconstitutionallaw.org

Facing up to it – Nearly Legal

‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’

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Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Council Resolutions – Local Government Law

Posted July 6th, 2018 in equality, local government, news, sanctions, statutory interpretation by tracey

‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’

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Local Government Law, 4th July 2018

Source: local-government-law.11kbw.com

How far will the Supreme Court go as it tackles Owens v Owens? – Family Law

Posted June 22nd, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by tracey

‘On 17 May, the Supreme Court heard the case of Owens v Owens. It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Owens: unreasonable behaviour on trial – New Law Journal

Posted June 18th, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by sally

‘On 17 May, the Supreme Court heard the case of Owens v Owens . It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

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New Law Journal, 15th June 2018

Source: www.newlawjournal.co.uk

Judges uphold listing of field as asset of community value despite trespassing – Local Government Lawyer

‘An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – Supreme Court Blog

Posted April 23rd, 2018 in confiscation, enforcement, news, statutory interpretation, Supreme Court by tracey

‘On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation which have been determined by the House of Lords, Privy Council or Supreme Court over the past 24 years.’

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Supreme Court Blog, 20th April 2018

Source: ukscblog.com

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

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UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org