Judicial Notice in UK Law

Leading Cases
  • Salomon v Commissioners of Customs and Excise
    • Court of Appeal
    • 26 Oct 1966

    If the terms of the legislation are clear and unambiguous, they must be given effect to whether or not they carry out Her Majesty' treaty obligations, for the sovereign power of the Queen in Parliament extends to breaking treaties (see Ellerman Lines v. Comerford, 1931 Appeal Cases, p. 126), and any remedy for such a breach of an international obligation lies in a forum other than Her Majesty's own Courts.

  • Pepper (Inspector of Taxes) v Hart
    • House of Lords
    • 26 Nov 1992

    The days have long passed when the courts adopted a strict constructionist view of interpretation which required them to adopt the literal meaning of the language. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted.

  • British Railways Board v Herrington
    • House of Lords
    • 16 Feb 1972

    A court may take judicial notice that railway lines are regularly patrolled by linesmen and gangers. In the absence of evidence to the contrary, it is entitled to infer that one or more of them in the course of several weeks noticed what was plain for all to see. Anyone of common sense would realise the danger that the state of the fence so close to the live rail created for little children coming to the meadow to play.

  • Farrell v Alexander
    • House of Lords
    • 24 Jun 1976

    The initial judicial approach is the same as with the interpretation of any other statute. The judge places himself, as the saying goes, in the draftsman's chair. Since the draftsman will himself have endeavoured to express the parliamentary meaning by words used in the primary and most natural sense which they bear in that same context, the court's interpretation of the meaning of the statutory words used should thus coincide with what parliament meant to say.

  • R v Commissioners of Inland Revenue, ex parte T.C. Coombs & Company
    • House of Lords
    • 14 Feb 1991

    In our legal system generally, the silence of one party in face of the other party's evidence may convert that evidence into proof in relation to matters which are, or are likely to be, within the knowledge of the silent party and about which that party could be expected to give evidence. Thus, depending on the circumstances, a prima facie case may become a strong or even an overwhelming case.

  • South Lakeland District Council v Secretary of State for the Environment and Another
    • House of Lords
    • 30 Ene 1992

    All building development must involve change and if the objective of section 277(8) were to inhibit any building development in a conservation area which was not either a development by way of reinstatement or restoration on the one hand ("positive preservation") or a development which positively enhanced the character or appearance of the area on the other hand, it would surely have been expressed in very different language from that which the draftsman has used.

  • Commonwealth Shipping Representative v P. & O. Branch Service
    • House of Lords
    • 14 Dic 1922

    Judicial notice refers to facts, which a judge can be called upon to receive and to act upon, either from his general knowledge of them, or from inquiries to be made by himself for his own information from sources, to which it is proper for him to refer.

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Legislation
  • Finance Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... . . (4) An election may be withdrawn only by a notice given by the individual by whom the election was made. . . (5) If an ... of divorce, a decree of nullity of marriage or a decree of judicial separation, or. . . (b) in Scotland, a decree of divorce, a declarator ......
  • Civil Evidence Act 1972
    • UK Non-devolved
    • 1 de Enero de 1972
    ......proceedings before a court which can take judicial notice of. the law of that country, territory or part with respect to ......
  • The Tribunal Procedure (Upper Tribunal) Rules 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ...... a person who applies for permission to bring, or does bring, judicial review proceedings before the Upper Tribunal and, in judicial review ... of appeal against the decision of the other tribunal and has given notice to the Upper Tribunal that they wish to be a party to the appeal; . (b) ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ......; to establish the Investigatory Powers Commissioner and other Judicial Commissioners and make provision about them and other oversight ... for the retention of certain communications data in pursuance of a notice, . (d) (d) Part 5 and Chapter 3 of Part 6 deal with equipment ......
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Books & Journal Articles
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Law Firm Commentaries
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