Find an extracts from the judgment and read to answer these questions:
1. This case had previously been heard in the Court of Appeal. Describe the process by which it came to the Supreme Court, with particular reference to the very first sentence of Lord Leggatt’s judgment above.
2. In paragraph [30]. Lord Leggatt mentions the Uber v Aslam case. Explain how our system of legal precedent operates. Was Lord Leggatt applying or distinguishing this case? Explain how you know.
3. Later in paragraph [30] there is mention of ‘article 11 rights’. If there was a case from the European Court of Human Rights relevant to the outcome of this case, would Lord Leggatt have to follow it? Please refer to any statute or case law which explains your response.
4.Define the rules of statutory construction. Identify and give evidence as to which rule was most commonly used in the paragraphs reproduced above?