“…First, the Secretary of State’s reliance on Re McFarland [2004] 1 WLR 1289 (which was not a point taken before the judge at the substantive hearing) is misplaced. The Secretary of State relies on the judgment of Lord Bingham to claim …”
“…esco Stores Ltd v Dundee City Council [2012] PTSR 983 per Lord Reed. But the document must still be interpreted objectively. As Lord Steyn said in Re McFarland [2004] 1 WLR 1289 at [24], although such documents need not be construed as though they were legislation, and it "seems sensible that a broad and wholly untechnical approach sho…”
“…must still be interpreted objectively. We were referred to the well-known observations on the interpretation of policy statements of Lord Steyn in Re McFarland [2004] 1 WLR 1289 at [24] (in a partly dissenting speech which is nevertheless accepted on this point to be good law) that, while they need not be construed as though they were …”