“…nder a material misapprehension. The facts are very different to Inco Europe, Bogdanic and Humber Bridge [i.e. R (Passenger Transport UK) v Humber Bridge Board [2003] EWCA Civ 842, [2004] QB 310], where in each case it was clear from the legislative context that an error had been made that had unintentionally reversed the effect of earli…”
“… 586 especially at pages 592A-593A per Lord Nicholls as applied to subordinate legislation in R (Confederation of Passenger Transport UK) v Humber Bridge Board [2003] EWCA Civ 842; [2004] QB 310 at [33]-[36] per Clarke LJ; and Bogdanic at [42]).…”