Literal Approach in UK Law
- A Cold Wind Blows: The Impact Of A More Literal Approach To Contractual Interpretation On Construction Contracts
-
Ignore Investment Structuring At Your Peril
... ... This literal approach was consistent with the laws of Kazakhstan dealing with the ... ...
-
Do you need to make sure your workers take a break during the workday?
Under UK law, the starting point is that a worker is entitled to a rest break of 20 minutes, where he or she works for more than six hours a day (Regulation 12(1), Working Time Regulations 1998 (th...... ... Previous EAT authorities have held that a literal interpretation must be taken in deciding whether or not an employee can ... This approach may have led to the unsatisfactory situation where, if an employer failed ... ...
-
Words Mean What They Say - When They Clearly Should Not
... ... But every now and then the wheels come off and the literal approach favoured in the olden days triumphs. A recent example is the ... ...
-
The Supreme Court Adopts A Purposive Approach To The Construction Of A Commercial Contract
... ... In favouring a purposive over a literal approach, where a term of a contract is open to more than one interpretation, the Supreme Court unanimously held that it is generally appropriate to ... ...
-
Ignore Investment Structuring at your Peril
In a recent challenge to an arbitral award under section 67 of the Arbitration Act 1996 (the Act), the High Court in Ruby Roz Agricol LLP v Republic of Kazakhstan, confirmed that the tribunal had c...... ... This literal approach was consistent with the laws of Kazakhstan dealing with the ... ...
-
Fashion On The Block ' Taxpayer Successful With Substance Over Form Argument
... ... correct approach to statutory construction, there was no previous ... EIS investment and ... Finally, the irony of HMRC relying on a literal approach to ... statutory construction in this case (as opposed to a ... ...
-
Fashion On The Block ' Taxpayer Successful With Substance Over Form Argument
... ... correct approach to statutory construction, there was no previous ... EIS investment and ... Finally, the irony of HMRC relying on a literal approach to ... statutory construction in this case (as opposed to a ... ...
-
'AFRICA REEFER' - The Importance Of The Correct Choice Of Forum
... ... The ruling underlines the literal approach taken by the Courts in interpreting the intentionally restrictive ... ...
-
COVID-19: Considering the Wider Implications of the FCA's Test Case
The Financial Conduct Authority v Arch Insurance and Others [2020] EWHC 2448 (Comm) - BACKGROUND TO THE TEST CASE - In June 2020, the FCA issued proceedings against a group of insurers in a test ca...... ... contentious coverage claims, insurers have been known to adopt a literal approach to policy interpretation that can be unfavourable to the insured ... ...
See all results