- Cited — UK P&I Club NV v República Bolivariana De Venezuela 2023-12-20
“…[2004] 2 AC 557…”
- Cited — Daniel Richard Jwanczuk v Secretary of State for Work and Pensions 2023-10-11
“…[2004] UKHL 30, [2004] 2 AC 557. This is often referred to as “the strong interpretative obligation”.…”
- Applied — Volkerrail Plant Limited & Ors v The Commissioners for HMRC 2023-03-01
“…is not clear to me that it does “go with the grain of the legislation” rather than being inconsistent with a fundamental feature of it (Ghaidan v Godin-Mendoza [2004] 2 AC 557 at [33]), but also because at least as applied by parties in this case it appears to lead to its own lack of clarity. For example, it was not clear to me that …”
- Cited — Argentum Exploration Limited v The Silver 2022-10-11
“…[2004] UKHL 30, [2004] 2 AC 557 and…”
- Cited — Mercer v Alternative Future Group Ltd & Anor. 2022-03-24
“…or declining to interpret it in that way under section 3 of the 1998 Act (R (Hurst) v London Northern District Coroner [2007] 2 AC 189, Ghaidan v Godin-Mendoza [2004] 2 AC 557, Wandsworth London Borough Council v Vining [2018] ICR 499);…”
- Cited — Mercer v Alternative Future Group Ltd & Anor. 2022-03-24
“…It is well-established, for example by Ghaidan v Godin-Mendoza [2004] 2 AC 557, that legislation should be read down to give a Convention-compliant meaning wherever possible, subject only to the modified meaning being consistent with the …”
- Cited — London Steam-Ship Owners' Mutual Ins Assoc Ltd v Kingdom of Spain 2021-11-04
“…quire the court to depart from the legislative intention of Parliament, in accordance with the principles articulated in Ghaidan v Godin-Mendoza[2004] UKHL 30, [2004] 2 AC 557 and Sheldrake v Director of Public Prosecutions [2004] UKHL 43, [2005] 1 AC 264. The alternative remedy of a declaration of incompatibility under section 4 is …”
- Explained — Independent Workers Union of Great Britain v The Mayor of London 2020-08-05
“…n this context that democracy is not the same thing as majority rule. As Baroness Hale explained in a human rights case, Ghaidan v GodinMendoza [2004] UKHL 30; [2004] 2 AC 557, at [132]:…”
- Cited — Revenue And Customs v Coal Staff Superannuation Scheme Trustees Ltd 2019-10-03
“…135; Litster v Forth Dry Dock & Engineering Co Ltd [1990] 1 AC 546; Imperial Chemical Industries plc v Colmer (No 2) [1999] 1 WLR 2035; Ghaidan v Godin-Mendoza [2004] 2 AC 557; R (IDT Card Services Ireland Ltd) v Customs and Excise Comrs [2006] STC 1252; Revenue and Customs Comrs v EB Central Services Ltd [2008] STC 2209 and the Flem…”
- Cited — Revenue And Customs v Coal Staff Superannuation Scheme Trustees Ltd 2019-10-03
“…e grain of the legislation” and be “compatible with the underlying thrust of the legislation being construed”: see per Lord Nicholls in Ghaidan v Godin-Mendoza [2004] 2 AC 557, para 33; Dyson LJ in Revenue and Customs Comrs v EB Central Services Ltd [2008] STC 2209, para 81. An interpretation should not be adopted which is inconsiste…”
- Cited — Revenue And Customs v Coal Staff Superannuation Scheme Trustees Ltd 2019-10-03
“…sence’ or ‘the pith and substance’ of the Act or if it would insert something inconsistent with one of the Act’s ‘cardinal principles’: Ghaidan v Godin-Mendoza [2004] 2 AC 557, paras 111 and 114, per Lord Rodger of Earlsferry. Nor can the process of interpretation create a wholly different scheme from any scheme provided by the Act: …”
- Cited — Worley v The Secretary of State for Works And Pensions 2019-01-30
“…Dealing first with the approach to be taken. In Ghaidan v Godin-Mendoza [2004] 2 AC 557 at [134] Baroness Hale said that a “rigidly formulaic approach is to be avoided”. In R (Carson) v SSWP [2006] 1 AC 173 at [3] Lord Nicholls said that “The esse…”
- Cited — Raychaudhuri v General Medical Council 2018-09-14
“… where a MPT has failed to make a finding of impairment of a doctor’s fitness to practise when it should have done: see Ghaidan v Godin-Mendoza [2004] UKHL 30; [2004] 2 AC 557, at [30] (Lord Nicholls) and [110]-[122] (Lord Rodger of Earlsferry). In my opinion, it is no answer to this point to say that the PSA has a distinct right of …”
- Cited — WB v W District Council 2018-04-26
“…ights. However, this duty does not empower the courts to adopt an interpretation which goes against the “grain of the legislation” (see Ghaidan v Godin-Mendoza [2004] 2 AC 557).…”