- Considered — Mercer v Alternative Future Group Ltd & Anor. 2022-03-24
“…In In re S (Minors) (Care Order: Implementation of Care Plan) [2002] UKHL 10; [2002] 2 AC 291 the House of Lords had to consider the boundary between legitimate interpretation in accordance with the duty in section 3 and impermissible judicial legislati…”
- Cited — Mercer v Alternative Future Group Ltd & Anor. 2022-03-24
“…y in this case where there is a lacuna in the law rather than a specific statutory provision which is incompatible (see per Lord Nicholls of Birkenhead in Re S [2002] 2 AC 291 at 319), the extent of the incompatibility is unclear and the legislative choices are far from being binary questions.…”
- Cited — C-D (A Child), Re 2020-04-08
“…In the seminal case of In re S (Minors) (Care Order: Implementation of Care Plan) [2002] 2 AC 291, Lord Nicholls made a number of observations, at [92]-[100], directed towards the question of “how far courts should go in attempting to resolve … uncertaintie…”
- Cited — Revenue And Customs v Coal Staff Superannuation Scheme Trustees Ltd 2019-10-03
“…d to give a statute a meaning which departs substantially from a fundamental feature of the Act (see In re S (Minors) (Care Order: Implementation of Care Plan) [2002] 2 AC 291, para 40, per Lord Nicholls of Birkenhead), if the proposed meaning would remove the ‘core and essence’ or ‘the pith and substance’ of the Act or if it would i…”
- Cited — S (A Child), Re 2018-08-08
“…y Lord Nicholls of Birkenhead in Re: S (Minors) Care Order Implementation of Care Planning; Re: W (Minors) Care Order Adequacy of Care Planning [2002] UKHL 10; [2002] 2 AC 291; [2002] 1 FLR 815 at 23:…”
- Cited — In the matter of P-S (Children) 2018-06-18
“…ss the principles described in In re S (Minors) (Care Order: Implementation of Care Plan), In re W (Minors) (Care Order: Adequacy of Care Plan) [2002] UKHL 10, [2002] 2 AC 291.…”