header-logo header-logo

30 May 2013
Issue: 7562 / Categories: Case law , Law digest , In Court
printer mail-detail

Interpretation

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2013] EWHC 1322 (TCC), [2013] All ER (D) 296 (May)

There was little recognisable authority that there could in some way be an implied term of a statute. So far as statute was concerned, statutes and statutory instruments were to be interpreted primarily from the words used on the basis that Parliament could or should be taken to have meant that the words which had been brought into law broadly meant what they say. Where it was unclear what Parliament meant, the courts could have regard to a purposive approach, along the lines of finding a meaning from the stated purposes and, in certain circumstances, regard could be had to the debates in Parliament to help determine what Parliament intended.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
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
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
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’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
back-to-top-scroll