Institute of Patent Agents v Lockwood: 1894

The court could apply a rectifying construction to conflicting provisions an Act where necessary.
Lord Herschell LC said: ‘You have to try and reconcile [the provisions] as best you may. If you cannot, you have to determine which is the leading provision and which the subordinate provision, and which must give way to the other.’

Judges:

Lord Herschell LC

Citations:

[1894] AC 347

Cited by:

CitedAttorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 30 April 2022; Ref: scu.216533