“… cited the most recent decision on the section, the decision of the Supreme Court in R (Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56; [2022] 2 WLR 133. In particular he referred to [99] of the judgment to demonstrate that the domestic court cannot come to a different view from the Strasbourg court:…”
“…ah v Special Adjudicator [2004] UKHL 26, [2004] 2 AC 323, and R (on the application of Elan-Cane) v Secretary of State for the Home Department) [2021] UKSC 56; [2022] 2 WLR 133 requires the domestic courts to keep pace with Strasbourg, no more but no less. The claimant now accepts that the reading down of Section 146 should only be ap…”