Category: statutory interpretation

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog

Posted April 1st, 2020 in coronavirus, drafting, emergency powers, enforcement, news, police, statutory interpretation by sally

‘The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 at reg 6(1) create a prohibition against leaving one’s home without reasonable excuse rather than being outside one’s home without reasonable excuse. Not only is that narrower than many people had thought, it shapes the powers of a police constable to direct or remove people to their home, which depends upon the constable considering that they have breached reg 6(1). Furthermore, in criminal proceedings for a breach, it may be that the burden of establishing of the defence of reasonable excuse is on a defendant in Scotland but on the prosecution in the other three home nations.’

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UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

Jeff King: The Lockdown is Lawful – UK Constitutional Law Association

Posted April 1st, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (Reg 6) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (Reg 8) both provide in identical wording that ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Both also enumerate thirteen exceptions (‘reasonable excuses’) to the rule. These are the restrictions widely referred to as the ‘lockdown.’ There is a question at the moment about whether they are so invasive as to be unlawful. This two-part post briefly reviews the legal basis for the confinement. I argue that the lockdown is lawful.’

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UK Constitutional Law Association, 1st April 2020

Source: ukconstitutionallaw.org

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted April 1st, 2020 in care homes, care orders, children, families, human rights, news, statutory interpretation by sally

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Out of time but not out of mind – Nearly Legal

Posted February 3rd, 2020 in appeals, delay, homelessness, housing, legal aid, legal representation, news, reasons, statutory interpretation, time limits by sally

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

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Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

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.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

The role of CAFCASS in relation to non-subject children: A Case Study of A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) – Parklane Plowden

Posted January 16th, 2020 in child abuse, children, family courts, guardianship, local government, news, statutory interpretation by sally

‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’

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Parklane Plowden, 13th January 2020

Source: www.parklaneplowden.co.uk

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety? – UK Constitutional Law Association

Posted January 14th, 2020 in bills, brexit, EC law, ministers' powers and duties, news, precedent, rule of law, statutory interpretation by sally

‘The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law and, in particular, the controversial, but little discussed Clause 26 which (as Lord Pannick remarked in a recent article in the Times) requires particularly careful scrutiny.’

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UK Constitutional Law Association, 14th January 2020

Source: ukconstitutionallaw.org

VAT charges on digital versions of newspapers overturned – OUT-LAW.com

Posted January 9th, 2020 in EC law, electronic commerce, internet, media, news, statutory interpretation, VAT by tracey

‘A major publisher has been successful in overturning a previous ruling that found that the digital versions of its newspapers were subject to VAT charges.’

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OUT-LAW.com, 8th January 2020

Source: www.pinsentmasons.com

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers

Posted January 9th, 2020 in news, pensions, statutory interpretation, time limits, wills by sally

‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’

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Wilberforce Chambers, 7th January 2020

Source: www.wilberforce.co.uk

Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer

Posted December 16th, 2019 in benefits, children, local government, news, statutory interpretation by tracey

‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’

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Local Government Lawyer, 13th December 2019

Source: www.localgovernmentlawyer.co.uk

ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers

Posted December 13th, 2019 in divorce, families, family courts, news, Scotland, statutory interpretation by sally

‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’

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Becket Chambers, 6th December 2019

Source: becket-chambers.co.uk

A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH

Posted December 13th, 2019 in appeals, care orders, children, family courts, human rights, news, Scotland, statutory interpretation by sally

‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’

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5SAH, 10th December 2019

Source: www.5sah.co.uk

Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers

Posted December 10th, 2019 in contracts, news, statutory interpretation, transfer of undertakings by sally

‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’

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Littleton Chambers, 9th December 2019

Source: www.littletonchambers.com

New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog

Posted November 27th, 2019 in appeals, employment, news, postal service, reasons, statutory interpretation, Supreme Court, unfair dismissal, whistleblowers by sally

‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Holocaust denial, hyperlinks and YouTube: Chabloz again – Law & Religion UK

Posted November 21st, 2019 in internet, Judaism, judicial review, malicious communications, news, racism, religiously aggravated offences, statutory interpretation by tracey

‘Alison Chabloz was convicted in 2018 at Westminster Magistrates’ Court of three offences contrary to s.127(1) of the Communications Act 2003.

On appeal, in R v Alison Chabloz [2019] Southwark Crown Court 13 February, the issue was whether or not the three songs were “grossly offensive” [2]. She lost.

She then sought to appeal by way of case stated; however, following a hearing in May concerned with how the matter should proceed, the judge refused to state a case and indicated that the proper course was for her to seek permission for judicial review of the written ruling. No such application was ever formally made, although written grounds for judicial review were produced in September 2019. In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin), Coulson LJ sets out the rather confusing procedural history of the case at [2]-[5].

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Law & Religion UK, 20th November 2019

Source: www.lawandreligionuk.com

‘Pitiful’ £350 fines for fox hunters caught in video footage – BBC News

Posted November 21st, 2019 in animal cruelty, animals, fines, hunting, imprisonment, news, prosecutions, sentencing, statutory interpretation by tracey

‘An animal welfare charity has called for people who illegally hunt foxes to be given prison sentences – after two men were fined a “pitiful” £350.’

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BBC News, 21st November 2019

Source: www.bbc.co.uk

Tribunals and human rights – Nearly Legal

Posted November 18th, 2019 in appeals, disability discrimination, government departments, housing, human rights, news, statutory interpretation, Supreme Court, tribunals by sally

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

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Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk

Civil partnerships legislation – unfinished business – Law & Religion UK

Posted November 18th, 2019 in civil partnerships, consultations, equality, homosexuality, marriage, news, parliament, statutory interpretation by sally

The draft Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the Regulations”) was the first item of the secondary legislation within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (“the Act”) to achieve the necessary approval of both Houses under the affirmative resolution procedure. It was also the last item of debated business before parliament was dissolved on 6 November. Through section 2(2) of the Act the regulations were subject to a “sunset clause” which required them to be in force by the end of December, and as such, only limited time was available for its scrutiny and approval; this left a number of items of unfinished business, and these are summarized below.

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Law & Religion UK, 18th November 2019

Source: www.lawandreligionuk.com