statutory interpretation – Page 6 – Current Awareness

Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?- UK Constitutional Law Association

Posted February 23rd, 2021 in constitutional law, declarations of incompatibility, human rights, judicial review, news, regulations, statutory interpretation by tracey

‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’

UK Constitutional Law Association, 22nd February 2021

Source: ukconstitutionallaw.org

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

Posted February 19th, 2021 in carers, detention, disabled persons, families, learning difficulties, local government, news, statutory interpretation by tracey

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Directors’ duties to disclose conflicts of interest: Fairford Water Ski Club v Cohoon & Craig Cohoon Watersports [2021] EWCA Civ 143 – Guildhall Chambers

Posted February 19th, 2021 in appeals, chambers articles, company directors, conflict of interest, disclosure, fees, news, statutory interpretation by sally

‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’

Guildhall Chambers, 15th February 2021

Source: www.guildhallchambers.co.uk

R v R [2021] EWCA Crim 35 – Broadway House Chambers

Posted February 18th, 2021 in human rights, news, notification, statutory interpretation, terrorism by sally

‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’

Broadway House Chambers, 17th February 2021

Source: broadwayhouse.co.uk

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

Posted February 17th, 2021 in appeals, chambers articles, criminal procedure, Crown Court, drafting, enforcement notices, housing, local government, news, planning, statutory interpretation, time limits by sally

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

5SAH, 16th February 2021

Source: www.5sah.co.uk

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together? – UK Constitutional Law Association

Posted February 15th, 2021 in bills, constitutional law, coronavirus, enforcement, freedom of movement, local government, news, parliament, royal family, statutory interpretation by sally

‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’

UK Constitutional Law Association, 15th February 2021

Source: ukconstitutionallaw.org

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer

Posted January 26th, 2021 in codes of practice, coronavirus, guardianship, medical treatment, mental health, news, statutory interpretation by sally

‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’

Local Government Lawyer, 25th January 2021

Source: www.localgovernmentlawyer.co.uk

Fishbourne Developments Limited v Stephens – Parklane Plowden Chambers

Posted January 22nd, 2021 in appeals, chambers articles, interpretation, news, planning, statutory interpretation by sally

‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’

Parklane Plowden Chambers, 18th January 2021

Source: www.parklaneplowden.co.uk

“Wrongful Life” Revisited – UK Human Rights Blog

Posted January 22nd, 2021 in children, compensation, disabled persons, human rights, negligence, news, statutory interpretation, wrongful birth by sally

‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’

UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer

Posted January 21st, 2021 in autism, coronavirus, Court of Protection, families, human rights, news, official solicitor, regulations, statutory interpretation by sally

‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’

Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by tracey

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, immigration, news, statutory interpretation by sally

‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’

5SAH, 5th January 2021

Source: www.5sah.co.uk

Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020 – UK Constitutional Law Association

Posted December 21st, 2020 in bills, brexit, constitutional law, devolution issues, EC law, news, parliament, statutory interpretation by sally

‘The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of a meeting of the EU-UK Joint Committee that resolved – at least for the moment – outstanding issues in the practical implementation of the Protocol.’

UK Constitutional Law Association, 18th December 2020

Source: ukconstitutionallaw.org

Former appeal court judge to lead UK review of Human Rights Act – The Guardian

Posted December 8th, 2020 in human rights, judges, news, statutory interpretation, treaties by sally

‘A former court of appeal judge has been appointed to lead a review into how the Human Rights Act (HRA) is being interpreted in UK courts.’

The Guardian, 7th December 2020

Source: www.theguardian.com

Alison L Young: The Draft Fixed-term Parliaments Act 2011 (Repeal) Bill: Turning Back the Clock? – UK Constitutional Law Association

Posted December 4th, 2020 in bills, constitutional law, news, parliament, prerogative powers, statutory interpretation by sally

‘Things were different in 2010. If schools closed and households found themselves stuck indoors, or unable to travel abroad, it was due to snowstorms and erupting Icelandic volcanoes, not because of a pandemic. Moreover, if the then Prime Minister wished to dissolve Parliament, he did not need to adhere to the requirements of the Fixed-term Parliaments Act 2011, which fixed parliamentary terms to five years, allowing for early parliamentary general elections either following a vote of two-thirds of the House of Commons in favour of an early parliamentary general election, or following a vote of no confidence. Instead, so the draft Fixed-term Parliaments Act 2011 (Repeal) Bill would have us believe, the Prime Minister could dissolve Parliament and instigate a new general election by use of a prerogative power, at a date of his choosing unchecked by the courts, subject only to ensuring Parliament did not exceed its maximum term of five years.’

UK Constitutional Law Association, 4th December 2020

Source: ukconstitutionallaw.org

New Judgment: Commissioners for Her Majesty’s Revenue & Customs v London Clubs Management Ltd [2020] UKSC 49 – UKSC Blog

Posted November 30th, 2020 in appeals, gambling, news, statutory interpretation, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach as to determining the value of non-negotiable chips for the purpose of calculating gaming duty.’

UKSC Blog, 27th November 2020

Source: ukscblog.com

The cart before the horse when requesting an adjudicator: Land End Developments Construction Limited v Kingstone Civil Engineering Limited [2020] EWHC 2338 – Hardwicke Chambers

Posted November 25th, 2020 in chambers articles, construction industry, contracts, estoppel, jurisdiction, news, statutory interpretation by sally

‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (“the Scheme”). Lane End Developments Construction Limited (“Lane End”) was the main contractor on a housing development (“the Development”) and Kingstone Civil Engineering Limited (“Kingstone”) was sub-contracted to carry out enabling works for the Development. On 2nd March 2020, Kingstone issued Interim Payment Application No. 17 in the sum of £356,439.19, but Lane End did not serve a Pay Less Notice nor, until 26th March, did it serve a Payment Notice.’

Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

When is suitable? – Nearly Legal

Posted November 25th, 2020 in appeals, housing, local government, news, statutory duty, statutory interpretation by sally

‘When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal in this second appeal by Bromley from a s.204 appeal which had quashed Bromley’s decision that the accommodation offered was suitable.’

Nearly Legal, 23rd November 2020

Source: nearlylegal.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue (1) [2020] UKSC 47 – UKSC Blog

Posted November 23rd, 2020 in appeals, corporation tax, EC law, news, statutory interpretation, Supreme Court, taxation by sally

‘The Supreme Court has unanimously allowed this long-awaited appeal arising in the course of long-running proceedings known as the Franked Investment Income (“FII”) Group Litigation. The FII Group Litigation brings together many claims concerning the way in which advance corporation tax and corporation tax used to be charged on dividends received by UK-resident companies from non-resident subsidiaries. The respondents to this appeal are claimants within the FII Group Litigation whose cases have been selected to proceed as test claims on certain common issues (“the Test Claimants”). These issues are being determined in phases, with the courts’ decisions affecting not just the other claims within the FII Group Litigation, but potentially also a number of other sets of proceedings brought by corporate taxpayers against the appellant, the Commissioners for Her Majesty’s Revenue and Customs (“HMRC”).’

UKSC Blog, 20th November 2020

Source: ukscblog.com

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