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30 May 2013
Issue: 7562 / Categories: Case law , Law digest , In Court
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Interpretation

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2013] EWHC 1322 (TCC), [2013] All ER (D) 296 (May)

There was little recognisable authority that there could in some way be an implied term of a statute. So far as statute was concerned, statutes and statutory instruments were to be interpreted primarily from the words used on the basis that Parliament could or should be taken to have meant that the words which had been brought into law broadly meant what they say. Where it was unclear what Parliament meant, the courts could have regard to a purposive approach, along the lines of finding a meaning from the stated purposes and, in certain circumstances, regard could be had to the debates in Parliament to help determine what Parliament intended.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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