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04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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STATUTE LAW

R (on the application of Kelly and another) v Secretary of State for Justice Re Gibson [2008] EWCA Civ 177, [2008] All ER (D) 172 (Mar)

It will take very clear and unambiguous words in a statute before the courts will construe it as empowering the state to deprive an individual of his liberty.

There is no rule or principle to the effect that the courts will avoid a purposive construction on account only of the fact that the statute in question touches the criminal law. It follows that, in the context of criminal sentencing, the court may read words into a statutory instrument to correct a drafting omission.
 

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MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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