R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316
“Where a United Kingdom court had made a declaration of incompatability [sic] pursuant to s 3(1) of the Human Rights Act 1998 in respect of legislation and where the Government was in the process of putting forward legislation to Parliament and no further vindication of the claimants rights was necessary, the court would not exercise its discretion so as to make a further declaration of incompatability in respect of the same or similar legislation.”
WLR Daily, 4th November 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
