Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.
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Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court
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4. The interpretation of statutes
This chapter explains the significance of statutory interpretation and how problems of interpretation arise. The chapter considers in detail the courts’ approach to interpretation, and traditional rules such as the literal rule, the golden rule, and the mischief rule are all analysed with examples from the case law. In modern times the courts employ a more purposive approach to interpretation, and there is coverage of how this approach works in practice. In particular, the chapter outlines a range of intrinsic and extrinsic aids to interpretation that the courts can rely on in interpreting an Act of Parliament. Among others, these aids include the long title, cross-headings, marginal or side notes, dictionaries, pre-parliamentary materials, statutes on the same subject matter, and, most notably, Hansard. The chapter concludes with an overview of the rules of language, namely ejusdem generis, noscitur a sociis, and expressio unius est exclusio alterius.
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Williams v Central Bank of Nigeria [2014] UKSC 10, Supreme Court
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Williams v Central Bank of Nigeria [2014] UKSC 10, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
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8. Interpreting Statutes
This chapter discusses statutory interpretation: the language used in a statute, the application of the language to the facts, or both. It covers the so-called rules of interpretation: the literal rule, the golden rule, the purposive rule, and the mischief rule, and why we still refer to them; examples of the ‘rules’ in action and the reality of their application; secondary aids to construction; the use of Hansard; how judges choose to explain the construction they have placed on the statute; interpretation and the Human Rights Act 1998; interpreting secondary legislation; and an example of how to analyse a case on statutory interpretation.
Chapter
4. The interpretation of statutes
This chapter explains the significance of statutory interpretation and how problems of interpretation arise. The chapter considers in detail the courts’ approach to interpretation, including traditional rules such as the literal rule, the golden rule, and the mischief rule. The chapter analyses these rules and highlights how they are applied with examples from the case law. In modern times the courts have come to employ a more purposive approach to interpretation, and the chapter includes coverage of how this approach works in practice. The chapter also outlines a range of intrinsic and extrinsic aids to interpretation that the courts can rely on in interpreting an Act of Parliament. Among others, these aids include the long title, cross-headings, marginal or side notes, dictionaries, pre-parliamentary materials, statutes on the same subject matter, and, most notably, Hansard. The chapter concludes with an overview of the rules of language, namely ejusdem generis, noscitur a sociis, and expressio unius est exclusio alterius.
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The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court (also known as Continuity Bill Reference)
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary and questions from author Thomas Webb.
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R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court. The Court was asked to consider whether the Henry VIII powers granted under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 permitted the Secretary of State for Justice to introduce a residency test into the provisions regulating legal aid. The case raises wider questions about the oversight and review of Henry VIII powers. The document also includes supporting commentary and questions from author Thomas Webb.
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Ghaidan v Godin-Mendoza [2004] UKHL 30, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ghaidan v Godin-Mendoza [2004] UKHL 30, House of Lords. This case concerns the interpretive obligation placed on the courts to, so far as is possible, interpret all legislation, past and future, in line with the Human Rights Act 1998. The substantive issue in the case was whether the Rent Act 1977, as amended, could be read in such a way as to allow a surviving tenant from a same-sex relationship to succeed to a tenancy held by their deceased partner. The document also includes supporting commentary from author and questions Thomas Webb.
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Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary and questions from author Thomas Webb.
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Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, House of Lords. This case is concerned with the scope and limits of ministerial discretion, and how, in the case of statutory powers, the courts determine this with reference to the intentions of Parliament and the objectives of the Act in question. The document also includes supporting commentary and questions from author Thomas Webb.
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Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal (also known as the Third Direction case)
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal. The case (also known as the Third Direction case) concerned whether the security service (MI5) was able to authorize its agents to commit criminality in the course of their work, and whether such authorization could grant immunity to said agents from criminal prosecution. The case has, in substance, been superseded by the passage of the Covert Human Intelligence Sources (Criminal Conduct) Act 2021, but it nonetheless raises more fundamental questions about the relationship between the rule of law and national security. The document also includes supporting commentary and questions from author, Thomas Webb.
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Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, House of Lords. This case note deals with how the House of Lords interpreted an ouster clause, a statutory provision which seeks to prevent judicial supervision of decisions made by subordinate decision-making bodies, and considers the wider constitutional implications of the courts’ approach to ouster clauses. The document also includes supporting commentary and questions from author Thomas Webb.
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R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary and questions from author Thomas Webb.
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Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary and questions from author Thomas Webb.
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R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case, the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. The document also includes supporting commentary and questions from author Thomas Webb
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3. Domestic sources of law
This chapter examines the various domestic sources of law in the UK, namely legislation, case law, and custom. Legislation comes in three forms: Acts of Parliament, subordinate legislation, and legal acts deriving from the European Union. This chapter describes the legislative process and discusses the tools of statutory interpretation through which legislation is interpreted by the courts. The chapter then moves on to look at case law, including a discussion of the doctrine of precedent and the distinction between the ratio decidendi and obiter dicta. Finally, the chapter concludes by looking at custom as source of law, noting the requirements in order for a custom to be given legal effect by the courts.
Book
James Marson and Katy Ferris
Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book is split into eight parts. After an introduction about studying the law, Part 2 covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. Part 3 considers contractual obligations. Here terms such as, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are discussed. Part 4 discusses tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. Part 5 examines company law, including trading structures, maintenance of finance and capital, and corporate administration and management. Part 6 explores the employment relationship, the nature of which will determine many important factors for both the individual and the employer. It includes discussions on the Contract of Employment, statutory regulation of dismissals, equality in employment relationships, and Statutory and Common Law Regulation of the Conditions of Employment. Part 6 then discusses agency law and the duties and responsibilities that exist for both principal and agent. Finally, intellectual property and data protection issues are considered in Part 8.
Book
James Holland and Julian Webb
Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in order to help the reader to develop both their knowledge and reasoning skills. It provides techniques of legal research, analysis, and argument, and explains the operation of precedent as well as effective statutory interpretation. When studying law, it is easy to become focused on the substantive aspects of the subject—the concepts, rules, and principles that go to make up contract, tort, crime, etc. In order to study and practise law effectively, it is essential not only to understand what the legal rules are, but also why they are as they are, and what consequences they might have. This requires that you develop the abilities that are the core focus of this book: to find and make sense of the primary and secondary sources of law; to interpret and apply authorities; to construct arguments both about the facts of a case, and as to how and why a particular authority should or should not be applied in a given situation, and to write clearly, and in an appropriate legal style, making reference to authority as necessary, in the proper academic form.
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4. Using legislation
This chapter discusses how to use legislation. It first looks at the ‘anatomy’ of an Act of Parliament and describes each of its composite parts. It then considers the various means by which the courts can interpret the wording of statutory provisions, including a discussion of the impact of the Human Rights Act 1998 and the European Communities Act 1972.
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Entick v Carrington [1765] 95 ER 807, King’s Bench
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entick v Carrington [1765] 95 ER 807, King’s Bench. This case concerned the legality of a warrant issued by one of the King’s Secretaries of State, the Earl of Halifax, which purported to authorize four of the King’s messengers to search for and take Entick’s papers and property. The case is a seminal judgment on the rule of law, the powers of government, and the nature of the legal system. The document also includes supporting commentary and questions from author Thomas Webb.
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