statutory interpretation – Page 6 – Current Awareness

Travel between England and Wales – UK Human Rights Blog

Posted June 26th, 2020 in chambers articles, coronavirus, emergency powers, freedom of movement, news, statutory interpretation, Wales by sally

‘The position in relation to cross-border travel between England and Wales has caused confusion in recent weeks. It has been subject to posts from UKHR readers and there have been news articles showing that many people have been entering Wales from England to access beauty spots, unaware that there are different regulations governing the two countries. This post will attempt to clarify the current position.’

UK Human Right Blog, 26th June 2020

Source: ukhumanrightsblog.com

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

Posted June 16th, 2020 in appeals, asbestos, cancer, compensation, damages, limitations, news, statutory interpretation by sally

‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’

Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

Posted June 12th, 2020 in chambers articles, coronavirus, duty of care, employment, employment tribunals, health, health & safety, news, statutory interpretation by sally

‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’

Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk

Just a walk in the Park – No. 5 Chambers

Posted June 12th, 2020 in accidents, chambers articles, local government, news, personal injuries, repairs, roads, statutory interpretation by sally

‘The interplay of cases and statutes including some from the last century hardly makes for exciting bedtime reading but Barlow v Wigan MBC is an important decision for those who suffer injury as a result of a highway defect particularly if they are walking on a path in a park established many years ago. It is also a tribute to solicitors and counsel who pursue such claims with dogged determination, and in the case of those acting for Claimants, at a risk if the claim is unsuccessful of receiving no payment in return.’

No. 5 Chambers, 8th June 2020

Source: www.no5.com

Jake Hinks: The Coronavirus Act 2020: An Example of ‘Excessive Executive Dominance’ – UK Constitutional Law Association

Posted June 10th, 2020 in bills, constitutional law, coronavirus, emergency powers, news, parliament, statutory interpretation by sally

‘The concept of executive dominance should be split into two: natural and excessive executive dominance. Executive dominance is the executive’s power to control, impede or perform the role of another branch of the constitution. The UK constitution lacks a clear-cut distinction between the three organs of the state and has evolved to achieve a balance between the three branches. The relationship between and the responsibilities of the executive and legislature are overlapping. In this evolved constitutional setup, natural executive dominance is necessary for the executive to carry out its constitutional role and the UK’s constitution to operate efficiently. Natural dominance is a consequence of the working of the UK constitution.’

UK Constitutional Law Association, 9th June 2020

Source: ukconstitutionallaw.org

R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

Posted June 8th, 2020 in Administrative Court, chambers articles, children, families, housing, local government, news, statutory interpretation by sally

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

Posted June 5th, 2020 in appeals, defamation, foreign jurisdictions, jurisdiction, news, statutory interpretation by sally

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Counter-Terrorism and Sentencing Bill: The Struggle to Balance Legislative Protection With Civil Liberties By Paul Canfield – Broadway House Chambers

Posted June 5th, 2020 in appeals, bills, chambers articles, human rights, news, sentencing, statutory interpretation, terrorism, terrorism prevention & investigation measures by sally

‘As the Government unveils a new Counter-Terrorism and Sentencing Bill, this article briefly looks at the struggle to balance legislative protection with civil liberties in light of the recent Supreme Court decision in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19.’

Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers

Posted May 11th, 2020 in chambers articles, coronavirus, emergency powers, medical treatment, news, statutory interpretation, vaccination by sally

‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’

Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

Posted May 6th, 2020 in appeals, banking, insurance, jurisdiction, news, statutory interpretation, Supreme Court by sally

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

UKSC Blog, 5th May 2020

Source: ukscblog.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, fostering, local government, news, social services, statutory interpretation by sally

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

Making Sense of the Amended Lockdown Law – UK Human Rights Blog

Posted May 1st, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, human rights, news, statutory interpretation by sally

‘As has been widely reported, the ‘lockdown’ imposed by the UK Government to tackle the continuing pandemic is governed in the main by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) (the Original Regulations).’

UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Portal’s Eve – Littleton Chambers

Posted April 24th, 2020 in chambers articles, company law, coronavirus, emergency powers, news, statutory interpretation by sally

‘On the eve [19 April] of the Scheme going live, David Reade QC and Daniel Northall examine the uncertainties that persist.’

Littleton Chambers, 19th April 2020

Source: littletonchambers.com

The lawfulness of the Coronavirus Restrictions Legislation imposing ‘Lockdown’ – UK Police Law Blog

Posted April 24th, 2020 in coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right.’

UK Police Law Blog, 23rd April 2020

Source: ukpolicelawblog.com

Council fails in appeal over power to issue mother with community protection notice regarding anti-social behaviour of son – Local Government Lawyer

Posted April 24th, 2020 in appeals, children, community protection notices, families, local government, news, statutory interpretation by sally

‘Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.’

Local Government Lawyer, 22nd April 2020

Source: www.localgovernmentlawyer.co.uk

A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog

Posted April 22nd, 2020 in coronavirus, emergency powers, government departments, human rights, news, proportionality, statutory interpretation by sally

‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’

UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

The Health Protection (Coronavirus Restrictions) Regulations 2020 – Pump Court Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, health, news, statutory interpretation by sally

‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’

Pump Court Chambers, 17th April 2020

Source: www.pumpcourtchambers.com

The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, proportionality, statutory interpretation by sally

‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’

6KBW College Hill, 16th April 2020

Source: blog.6kbw.com

Alexander Latham-Gambi: What is Parliament doing when it legislates? Legislative Intention and Parliamentary Sovereignty in Privacy International – UK Constitutional Law Association

Posted April 21st, 2020 in appeals, constitutional law, news, parliament, rule of law, statutory interpretation, Supreme Court by sally

‘In this post I argue, with reference to Privacy International, that the nature of legislation as a speech act entails that the tension between parliamentary sovereignty and the rule of law is not as profound as is often thought.’

UK Constitutional Law Association, 20th April 2020

Source: ukconstitutionallaw.org

COVID-19 Legislation: The uncertainty is infectious – St John’s Buildings

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘Society is experiencing the biggest Government led restriction of movement since the Second World War, instigated by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 which came into force at 1pm on 26th March 2020.’

St John's Buildings, 15th April 2020

Source: stjohnsbuildings.com

«
1
2
3
4
5
6
7
8
9
10
11
…
16
»

Categories

Archives