“…interests of the children’ (judgment, paragraph 44). Her analysis of positive and negative obligations in R (Bibi) v Secretary of State for the Home Department [2015] UKSC 58; [2015] 1 WLR 5055 is similar (see, in particular, paragraphs 25-29 of her judgment). In both cases, Baroness Hale’s reasoning is expressly based on the decisi…”
“…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 partic…”
“…ngh J was wrong 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 th…”