“…But these principles only apply where the statute is silent about the consequences of non-compliance. Shahid v Scottish Ministers [2015] UKSC 58, [2016] AC 429 concerned a time limit in prison rules in Scotland. The Inner House considered that practical considerations led to the conclusion that a particular authorisat…”
“…terference with the right respect for private life and may, therefore, require to be justified in accordance with Article 8(2) (see Shahid v Scottish Ministers [2016] AC 429 (where the existence of interference with Art 8(1) was conceded following 56 months of segregation)); and R (Dennehy) v Secretary of State for Justice (supra) …”
“…to hold that he was bound by the decisions in R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58; [2006] 2 AC 148 or Shahid v Scottish Ministers [2015] UKSC 58; [2016] AC 429 to conclude that article 8 was engaged. In Shahid, this point was not argued but was a simple concession. Moreover, Munjaz was concerned with the very differen…”