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  • Is a digital newspaper a newspaper? The “always speaking” principle

    Carl Gardner
    April 27, 2023

    Times print and digital editions

    A Supreme Court judgment recently held that a digital newspaper isn’t a newspaper. This was the case of News Corp v HMRC, in which the media giant […]

    Tags: eu law, interpretation
  • Gove can roll his own smoking ban:
    R (Black) v Justice Secretary

    Carl Gardner
    March 8, 2016

    Carsten ten Brink | CreativeCommonsDoes the smoking ban in public places apply to prisons? No, the Court of Appeal has said, in a judgment today. The ruling […]

    Tags: government, health, interpretation, legislation
  • Miranda: the Court of Appeal’s interpretation of “terrorism”

    Carl Gardner
    January 19, 2016

    I’ve already criticised what I think is a fundamental contradiction undermining the Court of Appeal’s judgment in the Miranda case. But there’s another aspect of the judgment that I must mention, which may well be of more lasting […]

    Tags: Court of Appeal, freedom of expression, human rights, interpretation, judicial review, terrorism
  • Will Obamacare survive “destructive analysis”?
    King v Burwell in the US Supreme Court

    Carl Gardner
    June 23, 2015

    It may be on Thursday; it may be next week. But soon, the US Supreme Court will give its opinion in King v Burwell, a case on interpretation of the Affordable Care Act with huge potential consequences for […]

    Tags: interpretation, legislation, US constitution, US Supreme Court
  • Lords judgment: Home Secretary v AF

    Carl Gardner
    June 17, 2009

    I said I’d write about the case; and now, finally, I am doing. Here’s last week’s judgment about control order. There’s also the podcast I recorded with Charon QC about it, don’t forget.

    I must admit, I […]

    Tags: control orders, human rights, interpretation, terrorism
  • Vodafone 2 v HMRC

    Carl Gardner
    June 4, 2009

    I’m quite interested in the Court of Appeal’s recent decision in this tax case, about Vodafone’s attempt to structure its takeover of Mannesman in the most tax-efficient way, using a Luxembourg-registered holding company to take advantage of lower rates […]

    Tags: eu law, human rights, interpretation, tax
  • Lords judgment: R v Biggs-Price

    Carl Gardner
    April 30, 2009

    The Lords gave judgment yesterday in this complex case, about confiscation of the proceeds of drugs offences. The main issue is actually whether the judge ruling on confiscation can take into account criminal conduct that the defendant has never […]

    Tags: article 6, confiscation, crime, house of lords, human rights, interpretation
  • Tabernacle v Defence Secretary

    Carl Gardner
    February 6, 2009

    Yesterday the Court of Appeal gave judgment in this case about the right to freedom of expression – specifically to protest at the Aldermaston atomic weapons establishment. The protest in question is the Aldermaston Women’s Peace Camp; and the […]

    Tags: defence, freedom of expression, human rights, interpretation
  • Lord Rodger’s Renton lecture

    Carl Gardner
    November 26, 2008

    Last night I heard Lord Rodger of Earlsferry give the first Lord Renton memorial lecture – his subject being “interpreting statutes today” – and an interesting lecture it was, too.

    He spoke about the importance of […]

    Tags: interpretation, lord rodger
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