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10 January 2014
Issue: 7589 / Categories: Case law , Law digest
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Evidence

R (on the application of Secretary of State for Home Department) v Southwark Crown Court [2013] All ER (D) 197 (Dec)

Section 13(1)(b) of the Crime (International Co-operation) Act 2003 should be read: “(1) Where a request for assistance in obtaining evidence in a part of the UK is received by the territorial authority for that part, the authority may...—(b) direct that a search warrant or order be applied for under or by virtue of section 16 or 17 or, in relation to evidence in Scotland, 18.” 

It was settled law that it was the task of the court to make sense of the text of the statutory provision read in its appropriate context and within the limits of the judicial role. The courts were ever mindful that their constitutional role in that field was interpretative. They had to abstain from any course which might have the appearance of judicial legislation. A statute was expressed in language approved and enacted by the legislature. Accordingly, the courts exercised considerable caution before adding or omitting or substituting words. Before interpreting a

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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