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GLOSSARY
A term used to describe a way of structuring a property purchase to avoid paying VAT. The effect is to reduce the rate of VAT payable to 0%.
GLOSSARY
The golden rule is a rule of statutory interpretation and allows the courts to assume that Parliament intended that its legislative provision have a wider definition than its literal meaning, and so the grammatical and ordinary sense of a word can be modified to avoid the inconsistency or absurdity created by an application of the literal rule, but no farther.
GLOSSARY
A golden rule argument is an advocacy technique in which counsel invites the court to depart from or qualify the literal meaning of statutory or contractual wording to avoid an absurd, unjust or clearly unintended result. It draws its name from the “golden rule” of statutory interpretation, developed in English case law (and broadly recognised in Scotland, Northern Ireland and Ireland), which allows judges to modify the ordinary meaning of words where a literal construction would defeat the purpose of the provision or produce an anomaly.In practice, a golden rule argument typically arises in submissions on statutory construction, wills, contracts and other instruments, and is framed by reference to contextual indicators such as the overall scheme of the legislation, related provisions, and the mischief the provision was intended to address. It is not a formal term defined in legislation, but a descriptive expression used in case law and legal commentary.Across the UK and Ireland, courts accept such arguments only within limits: they cannot be used to rewrite clear legislative or contractual choices, but may justify a constrained reinterpretation where necessary to give effect to discernible legislative or parties’ intention.
GLOSSARY
A single, nominal, special rights, preference share which entitles the holder in certain circumstances to outvote the other shareholders. Golden shares, like weighted voting rights, have the effect of imposing a restriction on the ability to alter the articles of association of a company. Such shares were commonly included in the constitutional documents of UK privatised companies, giving the government special powers of control despite no longer retaining ownership of a majority interest in the privatised company's shares.
GLOSSARY
A term used to describe the collection of information which must be created and stored and kept up to date when constructing buildings which contain housing units.
NEWS
Law360, London: A Spanish winemaker has asked the UK’s financial regulator to look into foreign exchange trades it says were encouraged by Goldman Sachs in the latest chapter of a multi-million-dollar dispute over lost investments.
GLOSSARY
Requirement which must be met before permission to serve outside the jurisdiction will be granted by the court.
NEWS
Dispute Resolution analysis: This important Court of Appeal case involving the daughter of the former Angolan President resolves two questions concerning freezing orders where High Court judges had diverged. The first is the meaning of the ‘good arguable case’ element in relation to the test for a freezing order and whether the traditional test had been usurped by the higher threshold test applicable to jurisdiction applications. The second is whether there is a general rule that costs are reserved in freezing order cases. Both issues have a material impact upon the conduct of freezing order applications. As for the former, the court determined that the traditional lower bar applied. Further, to avoid confusion, it is preferable to refer to the merits test for freezing order applications as being a serious issue. The judgment also raises some interesting questions as to where challenges to freezing orders may now turn their attention. As to the latter, the court confirmed that freezing orders are different to other forms of interim injunctions and therefore there is no general rule pursuant to which costs are reserved. Written by Jon Felce, partner CYK.
PRACTICE NOTES
Evidence of a defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both: • propensity—the defendant is unlikely to have committed the offence with which they are accused • credibility—the defendant is more truthful than someone without such good character Procedure for giving good character directions Since an absence of convictions does not necessarily mean a defendant is of good character, where reliance is placed on good character, it is the duty of defence counsel and the defendant to ensure that the judge is aware of that fact. Where there is any doubt, it is good practice for the judge to raise the matter with counsel. Any proposed good character direction should be provided to counsel and counsel for both the prosecution and the defendant should be given the opportunity to make submissions (R v Gonzales [2004] EWCA Crim 2117 (not reported by LexisNexis®)). Who is entitled to a good character direction? The law on good character directions was carefully reassessed by the
NEWS
Public Law analysis: While this case will stand out for the eye-catching cuckoo simile within the discussion of proportionality versus rationality, it is the practical application of the legal principles that is particularly instructive. Applicants for naturalisation and their advisors should carefully consider the guidance on the good character requirement. Matters disclosed during an asylum application may require addressing or supplementation. Applicants must properly raise matters they wish to be considered. Mr Justice Mostyn emphasises that a decision on good character will be immune from judicial review if it is not irrational (in the Wednesbury sense), made in good faith, considers matters the Secretary of State is bound to consider, and excludes irrelevant matters. There is no room for proportionality in this exercise, which would open the door to an impermissible review of the merits of the decision. This is unsurprising in naturalisation, where courts have long held that citizenship is a privilege, not a right. Written by Emily Wilsdon, barrister at 39 Essex Chambers.
GLOSSARY
An international ethical and scientific quality standard for designing, recording and reporting trials that involve the participation of human subjects which provides assurance that the data and reported results are credible and accurate, and that the rights, integrity, and confidentiality of trial participants are protected.
GLOSSARY
An overarching concept for being open and honest in negotiations that goes beyond the idea of not deceiving the other party.