- Cited — Royal Bank of Canada v The Commissioners for HMRC 2023-06-21
“…This echoes the well known passage of Lord Diplock’s speech in Fothergill v Monarch Airlines Ltd [1981] AC 251, at pp.281-282:…”
- Followed — FIMBank Plc v KCH Shipping Co Ltd 2023-05-24
“…y means of interpretation’: compare article 31 of the Vienna Convention on the Law of treaties, Vienna 23 May 1969. Following Fothergill v Monarch Airlines Ltd [1981] AC 251, I would be quite prepared, in an appropriate case involving truly feasible alternative interpretations of a convention, to allow the evidence contained in the…”
- Cited — The Commissioners for HMRC v Jason Wilkes 2022-12-07
“…ess of objective interpretation described in the authorities referred to above [i.e. ‘cases such as Black-Clawson International [[1975] AC 591] and Fothergill [[1981] AC 251 … and R v Secretary of State for the Environment Transport and the Regions, ex p. Spath Holme Ltd [2001] 2 AC 349, especially at 396F-399E per Lord Nicholls’ -…”
- Cited — Irish Bank Resolution Corporation Ltd v Revenue And Customs 2020-08-28
“…primary or secondary legislation. The parties are agreed that the correct approach is that laid down by the House of Lords in Fothergill v Monarch Airlines Ltd [1981] AC 251. That case gave rise to problems of comparison with a foreign language text (that is, the French text of the Warsaw Convention) which are not present in these …”
- Followed — Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd (The 'Lady M') 2019-03-14
“…pplementary means of interpretation’: compare art 31, Vienna Convention the Law of Treaties, Vienna, 23 May 1969. Following Fothergill v. Monarch Airlines Ltd. [1981] AC 251, I would be quite prepared, in an appropriate case involving truly feasible alternative interpretations of a convention, to allow the evidence contained in the…”
- Considered — Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd (The 'Lady M') 2019-03-14
“…In Fothergill v. Monarch Airlines Lid [1981] AC 251, Lord Wilberforce had considered the travaux préparatoires contained in the minutes of the 1955 Hague Conference (leading up to the 1955 Hague Protocol, amendi…”
- Cited — Royal Mencap Society v Tomlinson-Blake 2018-07-13
“… before us Mr Reade disavowed any reliance on Pepper v Hart and relied instead on the principle enunciated by Lord Diplock in Fothergill v Monarch Airlines Ltd [1981] AC 251, at p. 281 B-D that:…”
- Cited — Sea Tank Shipping AS v Vinnlustodin HF Vatryggingafelag Islands FH 2018-02-22
“…[1981] AC 251…”
- Cited — Sea Tank Shipping AS v Vinnlustodin HF Vatryggingafelag Islands FH 2018-02-22
“…éparatoires, do amount to “bull’s eyes” in the sense meant by Lord Steyn or, in the more measured language of Lord Wilberforce in Fothergill v Monarch Airlines [1981] AC 251 at 278, the travaux préparatoires “clearly and indisputably point to a definite legislative intention”. Finally in relation to the travaux préparatoires, I sho…”
- Considered — Sea Tank Shipping AS v Vinnlustodin HF Vatryggingafelag Islands FH 2018-02-22
“…Mr Mustill QC and the passage in the 18th edition of Scrutton were written at a time before the decision of the House of Lords in Fothergill v Monarch Airlines [1981] AC 251, when it was considered impermissible to have regard to the travaux préparatoires. Now that it is permissible to have regard to the travaux préparatoires, for …”