- Cited — Indran Murugason, R (on the application of) v Secretary of State for the Home Department 2023-11-16
“…“Such references are not a legitimate aid to statutory interpretation unless the three conditions set out by Lord Browne-Wilkinson in Pepper v Hart [1993] AC 593, 640 are met. The three conditions are (i) that the legislative provision must be ambiguous, obscure or, on a conventional interpretation, lead to absurdity; (…”
- Cited — Alexander Darwall & Anor v Dartmoor National Park Authority 2023-07-31
“…Thirdly, they rely on materials from Hansard to support their construction, which they claim to be admissible under the principles enunciated in Pepper v. Hart [1993] AC 593 at 634-5 per Lord Browne-Wilkinson (Pepper v. Hart).…”
- Cited — EasyJet Plc v EasyJet European Works Council 2023-06-30
“… relation to the draft regulations. Mr Stilitz submitted that what the Minister had to say assists in a proper interpretation of regulation 4(1). Pepper v Hart [1993] AC 593 requires that any such statement must clearly disclose the legislative intention lying behind what are said to be ambiguous or obscure words. In this case the …”
- Cited — Ngoc Hong Thi Bui, R (on the application of) v Secretary of State for Work and Pensions 2023-05-25
“…Mr Drabble suggested that this statement was admissible under the rule in Pepper v Hart [1993] AC 593, and that it supported his interpretation.…”
- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“…n those circumstances, it is permissible to take account of the Report in order to identify the mischief to which the provision was directed: see Pepper v Hart [1993] AC 593 at 635. Further, where Parliament enacts provisions in a draft Bill proposed by the Law Commission it is generally not the case that “Parliament meant anything…”
- Cited — Fiona George v Linda Cannell & Anor 2022-07-27
“…ludes the report of the Porter Committee which proposed the legislation. If the legislation is ambiguous then subject to the limits identified in Pepper v Hart [1993] AC 593the relevant context may include statements by the promoter of the Bill that became the 1952 Act.…”
- Cited — David Hyman & Anor. v The Commissioners for HMRC 2022-02-17
“…the 1981 Act. Such references are not a legitimate aid to statutory interpretation unless the three conditions set out by Lord Browne-Wilkinson in Pepper v Hart[1993] AC 593, 640 are met. The three conditions are (i) that the legislative provision must be ambiguous, obscure or, on a conventional interpretation, lead to absurdity; (…”
- Cited — Aviva Insurance Limited v The Secretary of State for Work and Pensions 2022-01-14
“…Article 9 of the Bill Rights is "a provision of the highest constitutional importance", see Lord Browne-Wilkinson at page 638D of Pepper v Hart[1993] AC 593. This is because it is a foundation of the separation of the legislative, executive and judicial branches of Government in the United Kingdom. It helps to ensu…”
- Cited — Blackbushe Airport Ltd v Hampshire County Council, R (On the Application of) & Ors 2021-03-18
“…me paragraph 6. We read it de bene esse, the Judge having refused to admit it into evidence on the basis that it did not meet the requirements of Pepper v Hart [1993] AC 593. In my view, it is unnecessary to embark upon consideration of its admissibility, because what the Minister said about the reasons for introducing provisions e…”
- Cited — Project for the Registration of Children as British Citizens & Anor, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) 2021-02-18
“…The Courts may have regard to a clear ministerial statement as an aid to the construction of ambiguous legislation: see Pepper v Hart [1993] AC 593, at 638.…”
- Considered — Driver, R (On the Application Of) v Rhondda Cynon Taf County Borough Council 2020-12-21
“…submitted that such statements were not admissible or, at least, were not admissible unless they satisfied conditions similar to those set out in Pepper v Hart [1993] AC 593 in relation to the Westminster Parliament. We did not receive full submissions on this issue. We would want to consider carefully the nature of debates and sta…”
- Cited — Christian Concern, R (On the Application Of) v Secretary of State for Health And Social Care 2020-09-25
“…The Divisional Court erred in refusing to admit evidence pursuant to Pepper v Hart [1993] AC 593;…”
- Cited — Christian Concern, R (On the Application Of) v Secretary of State for Health And Social Care 2020-09-25
“…r face. There is no ambiguity, obscurity or absurdity such as would permit the Court to look at statements made in Parliament, in accordance with Pepper v Hart [1993] AC 593. Furthermore, it is important to recall that Pepper v Hart was concerned with the interpretation of legislation. Although the Claimant characterises the issue …”
- Cited — McConnell & Anor, R (On the Application Of) v The Registrar General for England and Wales 2020-04-29
“…Court to statements in Parliament, in accordance with the rule in Pepper v Hart [1993] AC 593. During the course of the hearing, however, he abandoned any such intention, so we need say no more about that save for this. We would observe that the provisi…”
- Cited — Heathrow Hub Ltd & Anor, R (On the Application Of) v The Secretary of State for Transport 2020-02-27
“…The Courts may have regard to a clear ministerial statement as an aid to the construction of ambiguous legislation: see Pepper v Hart [1993] AC 593, at 638.…”
- Cited — Hajiyeva v National Crime Agency 2020-02-05
“…] to [53] of the judgment below, nor whether it satisfied the test for the admission of such statements as an aid to interpretation described in Pepper v. Hart [1993] AC 593.…”
- Cited — Mazhar v The Lord Chancellor 2019-10-02
“… it necessary or appropriate to refer to Ministerial statements in Parliament, in accordance with the principles set out by the House of Lords in Pepper v Hart [1993] AC 593. We were taken to those statements but nothing in them is, in our view, inconsistent with the correct interpretation as we have set it out above.…”
- Cited — Christianuyi Ltd & Ors v Revenue And Customs 2019-03-19
“…olls of Birkenhead in R v Secretary of State for the Environment, Transport and the Regions, Ex parte Spath Holme Ltd [2001] 2 AC 349, 398 and in Pepper v Hart [1993] AC 593. In my judgment the mischief at which the legislation is aimed and the dividing line which the legislation was seeking to draw between those who should and tho…”
- Cited — Syed v The Secretary of State for Justice 2019-03-07
“…Finally, I agree with Lewis J that it was not necessary or appropriate to have resort to Pepper v Hart [1993] AC 593 in this case (judgment, paragraph [53]).…”
- Cited — Jennifer Shepherd (On Behalf of 999 Call for the NHS), R (On the Application Of) v (1) NHS Calderdale Clinical Commissioning Group (2) Monitor 2018-12-20
“… ss.115-117 and ss.124-5 of the 2012 Act is pellucid and it is not appropriate or necessary to have to resort to the travaux preparatoires (c.f. Pepper v. Hart [1993] AC 593).…”
- Cited — CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group 2018-12-20
“…nd White Papers, which form part of the background to the enactment of the statute. When the strict conditions specified by the House of Lords in Pepper v Hart [1993] AC 593 are satisfied, reference may also be made to Parliamentary debates as reported in Hansard.…”
- Cited — Royal Mencap Society v Tomlinson-Blake 2018-07-13
“…commendations of no assistance partly because she did not regard the Regulations as ambiguous or obscure (and thus as falling within the scope of Pepper v Hart [1993] AC 593), and partly because they did not “solve the issues raised on this appeal”. I respectfully disagree with her on both points.…”