- Cited — T & Ors. v The Secretary of State for Work and Pensions 2023-01-17
“…twithstanding the discriminatory impact it has on a group of people. This is contrary to established authority (see Wilson v First County Trust [2003] UKHL 40, [2004] 1 AC 816 HL at [62]-[63], “Wilson No 2”).…”
- Cited — QX v Secretary of State for the Home Department 2022-11-22
“…ondent’s Convention rights having regard to the state of affairs at the date of the court’s decision. This Court referred to Wilson v First County Trust (No 2) [2004] 1 AC 816, paragraph 24. I observe that paragraph 24 is not a statement of the law, but a summary of a judgment of this Court in the Wilson case, with which Lord Nicholl…”
- Followed — Stephen Hoey & Ors. v Commissioners for HMRC 2022-05-13
“…, it is common ground that the underlying rationale for the presumption against retrospectivity is fairness. In Wilson v First County Trust Ltd [2003] UKHL 40, [2004] 1 AC 816 at [19], Lord Nicholls approved the following statement of the principle made by Staughton LJ in Secretary of State for Social Security v Tunnicliffe [1991] 2 …”
- Cited — Aviva Insurance Limited v The Secretary of State for Work and Pensions 2022-01-14
“…In Wilson v First County Trust Ltd (No.2) [2003] UKHL 40; [2004] 1 AC 816 at paragraph 111 Lord Hope emphasised the need for the court to look at the legislation itself to determine the legislative aim of Parliament. The court howeve…”
- Considered — 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
“…al may be considered in determining whether legislation is compatible with the European Convention on Human Rights: see Wilson v First County Trust Ltd (No. 2) [2004] 1 AC 816, at paragraph 65 (Lord Nicholls of Birkenhead)…”
- Cited — Cartref Care Home Ltd & Ors, R (on the application of) v HM Revenue and Customs 2020-12-18
“…ct a wide range of Parliamentary material should be available as background material: see per Lord Nicholls of Birkenhead in Wilson v First County Trust (No 2) [2004] 1 AC 816, at [61] – [67].…”
- Explained — Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions 2020-09-15
“…e here. That does not explain why Parliament chose to enact the legislation and, as Lord Hope pointed out in Wilson v First County Trust (No 2) [2003] UKHL 40, [2004] 1 AC 816 at [166], it is no part of the court’s function to assess whether Parliament had sufficient reason to enact legislation. We do not accept that the Divisional C…”
- Cited — Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions 2020-09-15
“… state pension ages for men and women were maintained over many years. As Lord Rodger of Earlsferry said in Wilson v First County Trust (No. 2) [2003] UKHL 40, [2004] 1 AC 816, at [192], individuals and businesses run the risk that Parliament may change the law governing their affairs; no one has a vested right to the continuance of …”
- Cited — Barlow v Wigan Metropolitan Borough Council 2020-06-01
“…The more apposite observation, in my view, is that made by Lord Rodger at paragraph 192 of his judgment in Wilson v First County Trust [2004] 1 AC 816 where he stated that:…”
- Followed — McConnell & Anor, R (On the Application Of) v The Registrar General for England and Wales 2020-04-29
“…ng the compatibility of primary legislation with Convention rights was set out by the House of Lords in Wilson v First County Trust Ltd (No. 2) [2003] UKHL 40; [2004] 1 AC 816, in particular at paras. 61-67 (Lord Nicholls of Birkenhead). The following propositions are apparent from that passage. First, the court’s task is an objectiv…”
- Considered — Heathrow Hub Ltd & Anor, R (On the Application Of) v The Secretary of State for Transport 2020-02-27
“…al may be considered in determining whether legislation is compatible with the European Convention on Human Rights: see Wilson v First County Trust Ltd (No. 2) [2004] 1 AC 816, at paragraph 65 (Lord Nicholls of Birkenhead).…”
- Cited — Granada UK Rental & Retail Ltd & Ors v The Pensions Regulator 2019-06-20
“…There was also consideration of the presumption against the retrospective operation of legislation in Wilson v First County Trust Ltd (No. 2) [2004] 1 AC 816 in relation to the operation of s.3(1) HRA. The House of Lords had to decide whether it should be construed as having retrospective effect in relation to credi…”
- Cited — City of York v Trinity One (Leeds) Ltd 2018-08-29
“…effect unless the contrary intention appears: Bennion on Statutory Interpretation (6th Ed), section 97. Lord Nicholls in Wilson v First County Trust Ltd (No 2) [2004] 1 AC 816 at [18] and [19] refers to this, while noting that such principles are vague and imprecise and cannot be dependent on when a case is heard by a court. Lord Nic…”