Category Archives: Interpretation

‘Restraint of Trade: Nothing retro about restrictive covenants as retailer gets shirty over losses’

“Following breach of a restrictive covenant, Score Draw applied to the court for damages and injunctive relief claiming PNH’s breach had caused Liverpool FC’s refusal to renew a retail licence: Score Draw v PNH International. Score Draw were a licensed retailer of retro football shirts for Liverpool FC …” (more) [Tom Lort, Compact Contract, 9 […]

Hendrikx, Luycks and McKendrick, ‘A NCC Case on Contract Interpretation from an English and Dutch Law Perspective’

ABSTRACT This contribution discusses the first instance decision of the Netherlands Commercial Court between Subsea Survey Solutions LLC and South Stream Transport BV from an English and Dutch law perspective. The principal issue before the court concerned the interpretation of Clause 7 of the Settlement Agreement entered into between the parties and in particular whether […]

Joseph Diedrich, ‘Bostock v Lexmark: Is the Zone-of-Interests Test a Canon of Donut Holes?’

ABSTRACT The US Supreme Court’s recent decision in Bostock v Clayton County, Ga has understandably received considerable popular and scholarly attention, both for its substantive holding and for its opinions’ dueling approaches to statutory interpretation. Writing for the majority, Justice Neil Gorsuch rejected allowing extratextual considerations – such as assumptions about statutory purpose and expectations […]

‘Civil Procedure: What Take-outs are there from the FBD Decision?’

“Irish publican and hotelier policy holders and insurance companies collectively held their breath while awaiting the result of the FBD case. The High Court delivered its judgment last month and found largely in favour of the four publican plaintiffs on all but one aspect of their claim. Our Insurance and Risk team have published an […]

Jordan Perkins, ‘Authorial Intention, Purposive Interpretation, and the Incoherence of Strong Textualism’

ABSTRACT This essay is intended to shed some light on the question of how we should interpret legal texts – particularly statutes, although my remarks here should have some implications for other statute-like enactments, such as administrative regulations and statute-like provisions in written constitutions. My starting point will be a discussion of textualism in Antonin […]

‘A Proposal to Protect Transgender Beneficiaries’

Carla Spivack, ‘The Dilemma of the Transgender Heir’, 33 Quinnipiac Probate Law Journal 147 (2020), available at HeinOnline. A goal of professors is, or should be, to think about legal issues that have not yet arisen but that are likely to arise in the future. By thinking of the issues before they arise, we can […]

Kevin Tobia, ‘The Corpus and the Courts’

ABSTRACT The legal corpus linguistics movement is one of the most exciting recent developments in legal theory. Justice Thomas R Lee and Stephen C Mouritsen are its pioneers, and their new article thoughtfully responds to critics. Here, Part I applauds their response as a cautious account of how those methods might provide relevant evidence about […]

Evan Zoldan, ‘Canon Spotting’

ABSTRACT The canons of statutory interpretation have never been more important to theories of interpretation or more central to the interpretive methodologies employed by courts. Nevertheless, there is no accepted way to determine whether an interpretive method is a canon of interpretation. Without a way to identify canons, we cannot evaluate whether the countless cases […]

Timothy Endicott, ‘Authentic Interpretation’

ABSTRACT I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is […]

‘The modern family – the interpretation of children, spouses and civil partners in older trust deeds’

“It has become cliché to say that modern familial arrangements are vastly different now to how they were 50 years ago, but that does not make it any less true. In 2019, almost half of all births were outside of a marriage or civil-partnership, and 3,440 children were adopted from local authority care. With the […]