- Explained — SPM (R on the application of) v Secretary Of State For The Home Department 2023-07-04
“…Section 27 is a general power only. The principle of legality explained in R v Secretary of State for the Home Department, ex p Simms [2000] 2 AC 115 prohibits any impediment to the right of access to a lawyer without clear authorisation by Parliament, which section 27 does not constitute. Therefore, section…”
- Cited — Harry Miller (R on the application of) v The College of Policing 2021-12-20
“… prevent crime. This did not contravene the principle of legality formulated by Lord Hoffmann in R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115 as that principle was limited to one of statutory construction and did not operate as a free-standing control over the exercise of non-statutory powerssuch as …”
- Followed — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“…In R v Secretary of State for the Home Department, ex p. Simms [2000] 2 AC 115, at p. 131, Lord Hoffmann set out the principle of legality in a well-known passage as follows:…”
- Cited — Privacy International & Ors v Secretary of State for Foreign And Commonwealth Affairs & Ors 2021-03-09
“…emphasis on the principle of legality Mr Jaffey drew attention to what Lord Hoffmann had said in R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115 at p. 131 E-G:…”
- 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
“…xtent authorised by primary legislation in clear and unambiguous terms: see Unison at [76]-[79], R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115 at p.131 per Lord Hoffmann and Jackson v Attorney General [2005] UKHL 56, [2006] 1 AC 262 at [159] per Lady Hale.…”
- Cited — Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor 2020-12-01
“…Mr Havers also relies upon the principle of legality, as set out in, for example, R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115, at 131-132 (Lord Hoffmann):…”
- Cited — Sports Direct International Plc v The Financial Reporting Council 2020-02-18
“…must be expressly stated or appear by necessary implication. The speeches of Lord Steyn and myself in R v Secretary of State for the Home Department ex p Simms [2000] 2 AC 115 contains some discussion of this principle and its constitutional justification in the context of human rights. But the wider principle itself is hardly new. I…”
- Cited — Mazhar v The Lord Chancellor 2019-10-02
“…y way of analogy to the principle of legality in such well known decisions of the House of Lords as R v Secretary of State for the Home Department, ex p. Simms [2000] 2 AC 115, at p. 131 in the speech of Lord Hoffmann, it could be said that the common law recognises certain “principles of constitutionality”; and that Parliament is no…”
- Followed — The Secretary of State for the Home Department v SM (Rwanda) 2018-12-11
“…the Home Department, Ex p Khawaja [1984] AC 75, 122 per Lord Bridge of Harwich; and Lord Hoffmann in R v Secretary of State for the Home Department, Ex p Simms [2000] 2 AC 115, 131D-G (see further below). He quoted the following well-known observation of Laws J observed in In re Wasfi Suleman Mahmod [1995] Imm AR 311 (at page 314):…”
- Cited — The Secretary of State for the Home Department v SM (Rwanda) 2018-12-11
“…is, to my mind, a situation where the principle of legality is in play. As Lord Hoffmann observed in R v Secretary of State for the Home Department, Ex p Simms [2000] 2 AC 115, 131D-G:…”