- Cited — UK P&I Club NV v República Bolivariana De Venezuela 2023-12-20
“…[2004] UKHL 30…”
- Cited — Daniel Richard Jwanczuk v Secretary of State for Work and Pensions 2023-10-11
“…[2004] UKHL 30, [2004] 2 AC 557. This is often referred to as “the strong interpretative obligation”.…”
- Cited — Re C (Surrogacy: Consent) 2023-01-16
“…[2004] UKHL 30, arguing that reading the statute in this way would not be inconsistent with the scheme of the legislation or with its essential principles but would instead ‘…”
- Cited — Argentum Exploration Limited v The Silver 2022-10-11
“…[2004] UKHL 30, [2004] 2 AC 557 and…”
- Cited — London Steam-Ship Owners' Mutual Ins Assoc Ltd v Kingdom of Spain 2021-11-04
“…ect which may require the court to depart from the legislative intention of Parliament, in accordance with the principles articulated in Ghaidan v Godin-Mendoza[2004] UKHL 30, [2004] 2 AC 557 and Sheldrake v Director of Public Prosecutions [2004] UKHL 43, [2005] 1 AC 264. The alternative remedy of a declaration of incompatibility un…”
- Explained — Independent Workers Union of Great Britain v The Mayor of London 2020-08-05
“…tant to recall in this context that democracy is not the same thing as majority rule. As Baroness Hale explained in a human rights case, Ghaidan v GodinMendoza [2004] UKHL 30; [2004] 2 AC 557, at [132]:…”
- 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
“…of the case fall “within the ambit” of one or more of the substantive rights set out in the ECHR has been generally adopted (see, e.g., Ghaidan v Godin-Mendoza [2004] UKHL 30; [2004] AC 557 at [10] per Lord Nicholls of Birkenhead).…”
- Cited — Raychaudhuri v General Medical Council 2018-09-14
“…ective in a case where a MPT has failed to make a finding of impairment of a doctor’s fitness to practise when it should have done: see Ghaidan v Godin-Mendoza [2004] UKHL 30; [2004] 2 AC 557, at [30] (Lord Nicholls) and [110]-[122] (Lord Rodger of Earlsferry). In my opinion, it is no answer to this point to say that the PSA has a d…”
- Cited — Stunt v Associated Newspapers Ltd 2018-07-30
“…ld alter a fundamental feature of the legislation or would be inconsistent with its essential principles or would go against its grain: Ghaidan v Godin-Mendoza [2004] UKHL 30, [2004] 2AC 557 at [121]; The Commissioners for Her Majesty’s Revenue and Customs v IDT Card Services Ireland Ltd [2006] EWCA Civ 29, [2006] STC 1252 at [85]. …”