Unsatisfactory decisions of the highest court could cause uncertainty because lower courts tend to distinguish them on inadequate grounds.
One possible source of law is ‘informed professional opinion’. The word ‘final’ can denote different degrees of finality depending upon the context or circumstances in which it is used.
The word ‘final’ can denote different degrees of finality depending upon the context or circumstances in which it is used.
Lord Diplock said: ‘To find out the meaning of particular provisions of social legislation of this character calls, in the first instance, for a purposive approach to the act as a whole to ascertain the social ends it was intended to achieve and the practical means by which it was expected to achieve them. Meticulous linguistic analysis of the words and phrases used in different contexts . . should be subordinated to this purposive approach’
Lord Simon of Glaisdale, Lord Diplock
[1972] 2 WLR 210, [1972] 1 All ER 145
England and Wales
Cited by:
Cited – 1 Pump Court Chambers v Horton EAT 2-Dec-2003
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not . .
Cited – A v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.270277
