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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

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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