Statutory Interpretation CASES

A Sri Lankan citizen was refused leave to enter the UK as a student because the immigration officer was not satisfied she intended to leave after completing her studies. The House of Lords held that Rule 21 of the Immigration Rules gave the immigration officer discretion to admit her for a short period despite not satisfying all requirements.

The appellant disrupted a Wimbledon tennis match to protest South African apartheid. Magistrates found his behaviour was not 'insulting' under section 5 of the Public Order Act 1936. The House of Lords upheld this, ruling that 'insulting' carries its ordinary meaning and whether behaviour is insulting is a question of fact, not law.

This appeal raised two issues of planning law concerning environmental protection and large-scale residential development. Issue 1 was whether regulation 63 of the Conservation of Habitats and Species Regulations 2017 ("the Habitats Regulations") requires an appropriate assessment before a local planning authority discharges conditions attached to a reserved matters approval. Issue 2 was whether national planning policy in the NPPF - directing that Ramsar sites receive the same protection as European sites - could be used to block the discharge of conditions on an outline planning permission where those conditions had nothing to do with protecting the Ramsar site. The…

Members of the Committee of 100 planned to occupy and immobilise RAF Wethersfield, a prohibited place, to protest nuclear weapons. Convicted under the Official Secrets Act 1911, they argued their aim benefited the State. The House of Lords held that obstructing defence facilities was a prejudicial purpose and upheld the convictions.

SWP Group acquired shares in DRCH, with DRC (a subsidiary) paying fees to accountants D&T for due diligence work. SWP claimed these payments constituted unlawful financial assistance under s.151 Companies Act 1985. The Court of Appeal allowed the appeal, holding the payments were financial assistance 'for the purpose of' the acquisition.

Two claimants were injured in separate incidents in car parks - one struck by a car in an open car park, another injured by fire in a multi-storey car park. The House of Lords held that car parks do not constitute 'roads' under the Road Traffic Act 1988, meaning compulsory motor insurance requirements did not apply to these locations.

Oatly registered the trade mark 'POST MILK GENERATION' for oat-based food and drink products. Dairy UK challenged its validity under the Trade Marks Act 1994, arguing it violated EU Regulation 1308/2013 prohibiting dairy terms for non-dairy products. The Supreme Court dismissed Oatly's appeal, holding the mark constituted a prohibited 'designation' of milk.

Landowners sought a declaration that section 10(1) of the Dartmoor Commons Act 1985 does not grant the public a right to camp on Dartmoor Commons. The Supreme Court held that 'open-air recreation' includes wild camping, and the words 'on foot and on horseback' describe the means of access, not a limitation on recreational activities. Appeal dismissed.

Uber sought a declaration that the Local Government (Miscellaneous Provisions) Act 1976 requires private hire vehicle operators to accept bookings only by entering into hire contracts as principal. The Supreme Court rejected this, holding that section 56(1) is a deeming provision allowing operators to use agency or intermediary models while still being liable for hire contracts.

The Information Commissioner appealed against the cumulative approach to assessing qualified exemptions under the Freedom of Information Act 2000. The Supreme Court held that where multiple qualified exemptions apply to requested information, public interest factors against disclosure may be aggregated rather than assessed independently for each exemption.

Miss Fox lived with Mr Wright as his wife for 21 years without marrying. After his death in 1961, the landlord sought possession, arguing she was not a 'member of the tenant's family' under the Rent Acts. The Court of Appeal held that changing social attitudes meant an unmarried partner could now be considered family.

Ealing Council refused to place Mr Zesko, a Polish national, on their housing waiting list because he was not a British subject. The House of Lords held that discrimination based on present nationality was not the same as discrimination on 'national origins' under the Race Relations Act 1968, and thus was not unlawful under the Act.

The Bank sought to enforce Abu Dhabi judgments against Mr El-Husseini by claiming under section 423 of the Insolvency Act 1986 that he arranged for a company he owned to transfer valuable London property to his son for no consideration. The Supreme Court held that section 423 does not require the debtor to transfer his own property; arrangements depleting assets through company transfers can fall within the provision.

Emotional Perception AI sought to patent a system using an artificial neural network to recommend media files based on emotional similarity. The Supreme Court held that while ANNs are 'programs for computers', the invention was not excluded from patentability as it involved hardware. The Court rejected the Aerotel approach, adopting EPO methodology.

Mrs Farrell paid £4,000 for fixtures and fittings to obtain a flat tenancy, but the amount exceeded their true value. The existing tenant surrendered her lease so the landlord could grant a new tenancy to Mrs Farrell. The House of Lords held that section 85 of the Rent Act 1968 prohibited any person, not just landlords, from requiring or receiving premiums in connection with the grant of protected tenancies.

Enviroco sought protection under a charterparty's indemnity provisions as an 'Affiliate' of the charterer. The issue was whether Enviroco remained a 'subsidiary' of ASCO when ASCO's shares in Enviroco were pledged to a Scottish bank and registered in the bank's nominee's name. The Supreme Court held that under the statutory definition, ASCO ceased to be a 'member' when removed from the register.

Mr Fothergill's suitcase was damaged during an international flight and some contents were missing. He reported the damage but not the loss of contents within seven days. The House of Lords held that 'damage' in Article 26(2) of the Warsaw Convention includes partial loss of contents, requiring timely complaint.

A homeless family with a son with autism was provided four-bedroom interim accommodation by Glasgow City Council, despite an assessment recommending five bedrooms for permanent housing. The Supreme Court held that the interim duty only requires local authorities to 'take into account' household needs, not to meet all needs. The appeal was dismissed.