Category: statutory interpretation

R (Boggis) and another v Natural England – WLR Daily

Posted October 26th, 2009 in EC law, law reports, planning, sites of special scientific interest, statutory interpretation by sally

R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304

“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”

WLR Daily, 23rd October 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.

R v Ghulam – WLR Daily

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

R v Ghulam; [2009] WLR (D) 303

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council – Times Law Reports

Posted July 7th, 2009 in homelessness, housing, law reports, statutory interpretation by sally

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council

House of Lords

“A local housing authority had been entitled to decide that overcrowded families were homeless but to leave them there in the short term; it was a question of fact what term was too long.”

The Times, 7th July 2009

Source: www.timesonline.co.uk

Boyle v SCA Packaging Ltd, Equality and Human Rights Commission intervening – Times Law Reports

Posted July 6th, 2009 in disability discrimination, law reports, statutory interpretation by sally

Boyle v SCA Packaging Ltd, Equality and Human Rights Commission intervening

House of Lords

“In determining whether a person was disabled within the meaning of the Disability Discrimination Act 1975 by reason of having an impairment which, although capable of being controlled by measures taken to treat it, would be likely to have substantial adverse effects but for those measures, the word ‘likely’ did not mean ‘probable’ but ‘could well happen’.”

The Times, 6th July 2009

Source: www.timesonline.co.uk

Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 2nd, 2009 in disability discrimination, law reports, statutory interpretation by sally

Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37; [2009] WLR (D) 222

“When determining whether a person was disabled within the meaning of the Disability Discrimination Act 1995 by reason of having an impairment which, though capable of being controlled by measures taken to treat or control it, would be likely to have substantial adverse effects but for those measures, the word “likely” did not mean probable but ‘could well happen’. It followed that a woman whose propensity to develop vocal nodules was controlled by a strict management regime based on avoiding raising her voice, but which “could well” return and cause substantial adverse effects if that regime was not followed, was disabled for the purposes of the Act and her former employer, who had decided to place her in a noisier work environment despite her claim that it would require her to speak louder and so jeopardise her voice management regime, had to answer her claim that they had failed to make reasonable adjustments for her disability.”

WLR Daily, 1st July 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.

H v Doncaster Youth Court – Times Law Reports

Posted January 12th, 2009 in detention and training orders, law reports, statutory interpretation, young offenders by sally

H v Doncaster Youth Court

Queen’s Bench Divisional Court

“On a return to custody following release from a detention and training order, the period of the ‘remainder of the term’ was to be calculated from the date when it was proved to the satisfaction of the youth court that an offender had failed to comply with the requirements of the supervision element of the order.”

The Times, 12th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

JT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2008 in asylum, law reports, statutory interpretation by sally

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.”

WLR Daily, 29th July 2008

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.

The changing judicial role: human rights, community law and the intention of Parliament – the Rt Hon Lady Justice Arden

Posted November 29th, 2007 in human rights, lectures, statutory interpretation by sally

“Lecture by the Rt Hon Lady Justice Arden at the Constitutional and Administrative Law Bar Association”

Full text

Judiciary of England and Wales, 28th November 2007

Source: www.judiciary.gov.uk