- Cited — Giannis Ntzegkoutanis v Georgios Kimonis & Ors 2023-12-12
“…ters mentioned in paragraphs 32-34 above. As Lord Nicholls noted in R v Secretary of State for the Environment, Transport and the Regions, ex p Spath Holme Ltd [2001] 2 AC 349, at 397, statutory interpretation is “an exercise which requires the court to identify the meaning borne by the words in question in the particular context” (e…”
- Considered — FSV Freeholders Limited v SGL 1 Limited 2023-11-14
“…hich a reasonable legislature as a body would be seeking to convey in using the statutory words which are being considered. Lord Nicholls, again in Spath Holme [2001] 2 AC 349, 396, in an important passage stated: “The task of the court is often said to be to ascertain the intention of Parliament expressed in the language under consi…”
- Cited — The Pensions Ombudsman v CMG Pension Trustees Limited & Anor 2023-11-01
“…meaning borne by the words in question in the particular context.” (R v Secretary of State for the Environment, Transport and the Regions, Ex p Spath Holme Ltd [2001] 2 AC 349, 396). Words and passages in a statute derive their meaning from their context. A phrase or passage must be read in the context of the section as a whole and i…”
- Considered — The Pensions Ombudsman v CMG Pension Trustees Limited & Anor 2023-11-01
“…hich a reasonable legislature as a body would be seeking to convey in using the statutory words which are being considered. Lord Nicholls, again in Spath Holme [2001] 2 AC 349, 396, in an important passage stated: “The task of the court is often said to be to ascertain the intention of Parliament expressed in the language under consi…”
- Cited — Invest Bank PSC v Ahmad Mohammad El-Husseini & Ors 2023-05-19
“…meaning borne by the words in question in the particular context.’ (R v Secretary of State for the Environment, Transport and the Regions, Ex p Spath Holme Ltd [2001] 2 AC 349, 396.) Words and passages in a statute derive their meaning from their context. A phrase or passage must be read in the context of the section as a whole and i…”
- Cited — The Commissioners for HMRC v Jason Wilkes 2022-12-07
“…n 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’ - see Bogdanic at paragraph 41]”; and…”
- Cited — TIDAL LAGOON (SWANSEA BAY) PLC v SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY 2022-12-01
“…[2001] 2 AC 349, per Lord Bingham at pages 384-8, and Lord Nicholls at pages 397-8;…”
- Cited — PSV 1982 Limited v Sean Anthony Edward Langdon 2022-10-12
“…ary meaning when read in the general context of the Act as a whole: R v Secretary of State for the Environment, Transport and the Regions, Ex p Spath Holme Ltd [2001] 2 AC 349, at 396, recently endorsed by the Supreme Court in R (on the application of the Project for the Registration Children as British Citizens) v Secretary of State…”
- Cited — Northern Gas Networks Ltd v The Commissioners for HMRC 2022-07-01
“…es the court to identify the “meaning borne by the words in questionin the particular context” (R v Secretary of State for the Environment ex p Spath Holme Ltd [2001] 2 AC 349, 396). An appeal to a purposive interpretation of an enactment is of particular utility where there is no obvious meaning of the words that Parliament has used…”
- Explained — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“…This was explained in R v Secretary of State for the Environment, Transport and Regions, ex p. Spath HolmeLtd[2001] 2 AC 349, at p. 396, by Lord Nicholls of Birkenhead:…”
- Cited — Palmview Estates Limited v Thurrock Council 2021-12-09
“… ordinary meaning in the general context of the statute in question: R v Secretary of State for the Environment, Transport and the Regions, Ex p Spath Holme Ltd[2001] 2 AC 349, 397 per Lord Nicholls. To put the matter another way, “statutory language must always be given presumptively the most natural and ordinary meaning which is ap…”
- Cited — Paccar Inc & Ors v Road Haulage Association Ltd & Ors 2021-03-05
“…essed with typical clarity by Lord Nicholls of Birkenhead in R v Secretary of State for theEnvironment, Transport and the Regions, Ex parte Spath Holme Limited [2001] 2 AC 349 at 396:…”
- Cited — GR Property Management Ltd v Safdar & Ors 2020-11-03
“… point is the ordinary meaning of those words in the statutory context: R (Spath Holme Ltd) v Secretary of State for the Environment, Transport and the Regions [2001] 2 AC 349, 397 (Lord Nicholls).…”
- Cited — Christian Concern, R (On the Application Of) v Secretary of State for Health And Social Care 2020-09-25
“…In R (Spath Holme Ltd) v Secretary of State for the Environment, Transport and the Regions [2001] 2 AC 349, at 392, Lord Bingham of Cornhill said:…”
- Approved — Roberts v The Soldiers, Sailors, Airmen And Families Association - Forces Help & Anor (Rev 1) 2020-07-17
“…enburg AG [1975] AC 591, 613, as cited and approved by Lord Nicholls of Birkenhead in the famous passage from R v Environment Secretary Ex parte SpathHolme Ltd [2001] 2 AC 349, at 396G/397A, where he said:…”
- Cited — Secretary of State for Work And Pensions v Johnson & Ors 2020-06-22
“… The Court referred to the speech of Lord Nicholls of Birkenhead in R v Secretary of State for the Environment, Transport and the Regions, Ex p Spath Holme Ltd [2001] 2 AC 349, 396F-398F where he set out the exercise which the court undertakes when identifying the meaning borne by words in a statute. The task is to identify the meani…”
- Cited — Scott v HM Revenue and Customs 2020-01-22
“… its ordinary meaning in the appropriate context, but Mr Pritchard reminded us of what Lord Nicholls said in R v Environment Secretary, Ex p SpathHolme Limited [2001] 2 AC 349 at 397B:…”
- Cited — Christianuyi Ltd & Ors v Revenue And Customs 2019-03-19
“…nciples set out in the speech of Lord Nicholls 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 …”
- Cited — CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group 2018-12-20
“…e Commissioners v McGuckian [1997] 1 WLR 991, 999 (Lord Steyn); R v Secretary of State for the Environment, Transport and the Regions, ex parte Spath Holme Ltd [2001] 2 AC 349, 397 (Lord Nicholls); R v (Quintavalle) Secretary of State for Health [2003] UKHL 13; [2003] 2 AC 687, paras 8 (Lord Bingham) and 21 (Lord Steyn). The governin…”
- Cited — Palestine Solidarity Campaign Ltd & Anor, R (on the application of) v Secretary of State for Communities and Local Government 2018-06-06
“…visions themselves, looked at in their context. He referred to R v. Secretary of State for the Environment, Transport and the Regions, ex parte Spath Holme Ltd [2001] 2 AC 349 at 358F, as indicating that an Act may have more than one statutory objective. He submitted that on the straightforward language of the 2013 Act and the 2016 R…”
- Followed — Springer v University Hospitals of Leicester NHS Trust 2018-03-15
“…imited v Papierwerke Waldhof-Aschaffenburg AG [1975] AC 591, R v Secretary of State for the Environment, Transport and the Regions ex parte Spath Holme Limited [2001] 2 AC 349 especially at pages 396F-399E per Lord Nicholls, and Bogdanic v Secretary of State for the Home Department [2014] EWHC 2872 (QBD) at [37] and following per Sal…”