“… not be treated as curtailed unless this is “clearly authorised” by primary legislation. She noted that the appellants relied in particular on R (Belhaj) v DPP [2019] AC 593 (“Belhaj”) where the Supreme Court found that it was clear from the Justice and Security Act 2013 that Parliament did intend to curtail fundamental common law …”
“… of s. 18 (1) of the Senior Courts Act 1981. However, the decision of the Supreme Court in R (Belhaj) v Director of Public Prosecutions (No. 1) [2018] UKSC 33, [2019] AC 593 has, of course, since been the subject of clarification and explanation in In re McGuinness [2020] UKSC 6, [2020] 2 WLR 510. In the light of that decision, and…”