- Cited — The Counsel General for Wales, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy 2022-02-09
“…legislation. Devolution issues should and have been addressed by the Supreme Court, Recovery of Medical Costs for Asbestos Diseases (Wales) Bill [2015] UKSC 3, [2015] AC 1016. This is the route created by Parliament to address competence concerns. The Supreme Court has never refused jurisdiction over a reference even when it has gon…”
- Cited — Aviva Insurance Limited v The Secretary of State for Work and Pensions 2022-01-14
“…sue of whether the Bill infringed insurers’ rights under A1P1 of the ECHR. In In re Recovery of Medical Costs for Asbestos Diseases (Wales) Bill [2015] UKSC 3; [2015] AC 1016 (the “Welsh Bill case”) the Supreme Court held that the provisions of the Wales Bill infringed the insurers’ rights under A1P1 of the ECHR.…”
- Explained — Durand Education Trust, R (On the Application Of) v Secretary of State for Education 2020-12-08
“… State for the Home Department [2005] 2 AC 68, at paragraphs 37–42, per Lord Bingham). In In re Medical Costs for Asbestos Diseases (Wales) Bill [2015] UKSC 3, [2015] AC 1016 Lord Mance explained at paragraph 54:…”
- Cited — The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants 2020-04-21
“… by Lord Mance JSC (with whom Lord Neuberger PSC and Lord Hodge JSC agreed) in In re Recovery of Medical Costs forAsbestos Diseases (Wales) Bill [2015] UKSC 3; [2015] AC 1016 at [52]:…”
- Cited — Langford v The Secretary of State for Defence 2019-07-17
“…rd Wilson then described what he saw as “[t]he possible mapping of a different path” in Lord Mance’s judgment in Re Recovery of Medical Costs etc. (Wales) Bill [2015] AC 1016 in which, as Lord Wilson noted, Lord Mance referred to the “four stages of a conventional enquiry into justification”.…”
- Considered — Granada UK Rental & Retail Ltd & Ors v The Pensions Regulator 2019-06-20
“…The same issue was considered by the Supreme Court in Recovery of Medical Costs for Asbestos Diseases (Wales) Bill [2015] AC 1016 (“Welsh Asbestos”). This was a challenge by various insurers to the legislative competence of the Welsh Assembly to pass the above-mentioned Bill, which confer…”
- Cited — JT v First-Tier Tribunal 2018-07-24
“…In In re Medical Costs for Asbestos Diseases (Wales) Bill [2015] UKSC 3; [2015] AC 1016, paras 46-52, Lord Mance (giving the lead judgment in the Supreme Court) discussed at some length the question of how the “manifestly without reasonable founda…”
- Cited — A & Anor. v Criminal Injuries Compensation Authority & Anor. 2018-07-03
“…st”, the four stages have been helpfully summarised by Lord Mance JSC (as he then was) in In re Medical Costs for Asbestos Diseases (Wales) Bill [2015] UKSC 3; [2015] AC 1016, at 45 (building on Bank Mellat, esp. at [20] and [68] – [76]):…”
- Applied — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…ation test would permit. He relied upon certain observations of Lord Mance to that effect in In re Recovery of Medical Costs for Asbestos Diseases (Wales) Bill [2015] AC 1016 para.52 which were applied in the judgment of Lord Wilson, with which Lords Kerr and Hughes agreed, in R(A and B) v Secretary of State for Health [2017] UKSC 4…”