Refusal of shadow licence for nightclub “unlawful”, says High Court judge – Local Government Lawyer

Posted July 24th, 2013 in licensing, local government, news, statutory interpretation by tracey

“A decision by a council’s licensing services manager to reject an application from a landlord for a ‘shadow’ licence was unlawful, a High Court judge has ruled.”

Full story

Local Government Lawyer, 23rd July 2013

Source: www.localgovernmentlawyer.co.uk

Hunt v Conwy County Borough Council – WLR Daily

Hunt v Conwy County Borough Council [2013] EWHC 1154 (Ch); [2013] WLR (D) 205

“It was open to the court to entertain an application under section 320(2)(c) to vest a dwelling in its occupants notwithstanding that the applicant occupied only part of the disclaimed property as his dwelling house and it was open to the court, on such an application, to make an order relating to only a part of the disclaimed property.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Mark Aronson: Statutory Interpretation or Judicial Disobedience? – UK Constitutional Law Group

“In Australia as in England, courts began ‘reading down’ legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable ‘principle of legality’ entered the public lawyer’s lexicon. Judges typically explained themselves as merely engaging in an exercise of statutory interpretation, saying that in the absence of express words or an absolutely necessary implication to the contrary, they could not believe that Parliament intended to override fundamental principles, rights, or freedoms. Legislative drafters, they reasoned, were well aware of this interpretive approach, and could always respond with clearer language.”

Full story

UK Constitutional Law Group, 3rd June 2013

Source: www.ukconstitutionallaw.org

Solvent or insolvent: the Supreme Court lays down the test for s123 of IA 1986 – 11 Stone Buildings

“In a unanimous judgment handed down on 9th May 2013, the Supreme Court confirmed that the ‘balance
sheet’ test insolvency in section 123 of the Insolvency Act 1986 is not a mechanical exercise of comparing the value of a company’s assets against the value of its liabilities; but a more sophisticated test requiring a judgment as to whether the present assets of a company will reasonably enable the company’s present and future liabilities to be met. In so doing, their Lordships rejected the ‘point of no return’ test formulated by Lord Neuberger MR in the Court of Appeal. Christopher Boardman reviews BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc.”

Full story (PDF)

11 Stone Buildings, 13th May 2013

Source: www.11sb.com

Tribunal disagreement on post-employment victimisation will create “confusion” for employers, says expert – OUT-LAW.com

“An individual can bring a claim against a former employer for victimisation that took place after the employment ended, the Employment Appeal Tribunal (EAT) has said.”

Full story

OUT-LAW.com, 8th May 2013

Source: www.out-law.com

What’s Wrong with Money Laundering? – No. 5 Chambers

“Quite a lot, actually. This note considers, two recent High Court (QBD) decisions: Shah v HSBC [2012] EWHC 1283 (Supperstone J.) that clarifies the effect of making a ‘consent’ SAR – to the advantage and benefit of banks and solicitors but disadvantage of their customers and clients; and Dare v CPS [2012] EWHC 2074 (Bean J.) that provides an explanation of what it means to ‘facilitate’ a transaction under PoCA s. 328. In addition there is an afterword about the continuing problem of legal privilege that remains a little discussed, but unresolved, problem for solicitors.”

Full story

No. 5 Chambers, 4th February 2013

Source: www.no5.com

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc – WLR daily

Posted February 11th, 2013 in appeals, canals, law reports, sewerage, statutory interpretation by sally

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc [2013] EWCA Civ 40; [2013] WLR (D) 50

“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

Deutsche Bahn AG and others v Morgan Crucible and others – WLR Daily

Posted August 3rd, 2012 in appeals, competition, EC law, law reports, limitations, statutory interpretation by tracey

Deutsche Bahn AG and others v Morgan Crucible and others: [2012] EWCA Civ 1055;  [2012] WLR (D)  244

“Where an addressee of a decision of the European Commission that there had been an infringement of competition law appealed to the General Court of the European Union against that decision, the two-year limitation period for the bringing of ‘follow-on’ proceedings in the Competition Appeal Tribunal would not begin to run against any other addressees of the decision until the appeal had been determined.”

WLR Daily, 31st July 2012

Source: www.iclr.co.uk

In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily

In re D (A Child) (Care Proceedings: Designated Local Authority): [2012] EWCA Civ 627;  [2012] WLR (D)  146

“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”

WLR Daily, 14th May 2012

Source: www.iclr.co.uk

The legislation gap: does slow and steady really win the race? – Halsbury’s Law Exchange

Posted February 3rd, 2012 in bills, news, parliament, statutory interpretation by sally

“An analysis by the Times (‘Legislation gap makes light work for MPs’, 27 January) has revealed that MPs have spent a mere 24% of their time in the last four months considering government legislation. During the same period in the previous year, the figure was 62%.”

Full story

Halsbury’s Law Exchange, 2nd February 2012

Source: www.halsburyslawexchange.co.uk/

Phone hacking: Met and DPP clash over legal advice on stolen voicemails – The Guardian

“The phone-hacking scandal has spilled over into an extraordinary public clash between the Metropolitan police and the director of public prosecutions, with each side implying the other has misled parliament.”

Full story

The Guardian, 24th March 2011

Source: www.guardian.co.uk

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd – WLR Daily

Posted February 28th, 2011 in appeals, landlord & tenant, law reports, statutory interpretation by sally

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62

“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

DCC Holdings (UK) Ltd v Revenue and Customs Comrs – WLR Daily

Posted December 17th, 2010 in corporation tax, law reports, loans, set-off, statutory interpretation by sally

DCC Holdings (UK) Ltd v Revenue and Customs Comrs [2010] UKSC 58; [2010] WLR (D) 333

“When interpreting a deeming provision in a taxing statute it was important not to take the hypothesis further than was warranted. It followed that the deeming provisions in corporation tax legislation on sale and resale ‘repo’ transactions — whereby the parties’ accounts were to be debited and credited on the basis that it was a deemed loan relationship between them — were to be construed so that they reflected the statutory purpose of taxing such transactions on a uniform basis and not so that one party could claim a debit which could be set off against other liabilities.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Williams (Jason John) – WLR Daily

Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274

“As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or de minimis cause.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200

“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Raphael) v Highbury Corner Magistrates’ Court and another – WLR Daily

Posted July 12th, 2010 in judicial review, law reports, licensing, statutory interpretation by sally

Regina (Raphael) v Highbury Corner Magistrates’ Court and another [2010] EWHC 1502 (Admin); [2010] WLR (D) 178

“There was no reason to adopt a particularly narrow or restrictive approach to the construction of s 13 of the Interpretation Act 1978 by which statutory powers may be exercised at any time after the passing of an enabling Act in anticipation of the Act or any provision of it coming into force.”

WLR Daily, 9th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Wallis v Bristol Water Plc – WLR Daily

Posted December 17th, 2009 in contamination, law reports, statutory interpretation, water by sally

Wallis v Bristol Water Plc [2009] WLR (D) 362

“For a water undertaker to prove that a water fitting had been connected by a person in such a manner that it was “likely to cause contamination” of water supplied by the water undertaker pursuant to reg 3(2) of the Water Supply (Water Fittings ) Regulations 1999 the water undertaker had to show that there was a real possibility that the manner of connection of the water fitting would cause contamination.”

WLR Daily, 14th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Boggis) and another v Natural England – WLR Daily

R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304

“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”

WLR Daily, 23rd October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Ghulam – WLR Daily

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

R v Ghulam; [2009] WLR (D) 303

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council – Times Law Reports

Posted July 7th, 2009 in homelessness, housing, law reports, statutory interpretation by sally

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council

House of Lords

“A local housing authority had been entitled to decide that overcrowded families were homeless but to leave them there in the short term; it was a question of fact what term was too long.”

The Times, 7th July 2009

Source: www.timesonline.co.uk