Precautionary Principle in UK Law

  • R (on the application of Lumsdon and Others) v Legal Services Board
    • Supreme Court
    • 24 Junio 2015
    ... ... at cases in which action is needed, and (b) any other principle appearing to it to represent the best regulatory practice." ... services present known and serious risks to the public, the precautionary principle permits member states to forestall anticipated harm, without ... ...
  • Secretary of State for the Home Department v Rehman
    • House of Lords
    • 11 Octubre 2001
    ... ... on 1 October 1995 in Johannesburg which stressed as: "Principle 2. Legitimate national security interests (a) A restriction sought ... that the Secretary of State can claim that a preventative or precautionary action is justified. If an act is capable of creating indirectly a real ... ...
  • R (on the application of Friends of the Earth Ltd and another) v Secretary of State for Transport (Heathrow Airport Ltd, interested party)
    • Supreme Court
    • 16 Diciembre 2020
    ... ... of natural resources and that it is to be based on the precautionary principle. Article 6 of the Treaty provides that environmental protection ... ...
  • AWG Group Ltd v Morrison
    • Court of Appeal (Civil Division)
    • 20 Enero 2006
    ... ... , costs and delay do not, however, count in a case where the principle of judicial impartiality is properly invoked. This is because it is the ... , there is also scope for the sensible application of the precautionary principle. If, as here, the court has to predict what might happen if the ... ...
  • R (on the application of Lord Carlile of Berriew QC) v Secretary of State for the Home Department
    • Supreme Court
    • 12 Noviembre 2014
    ... ... of Lord Bingham at para 38: "The objection to the principle formulated by the Divisional Court is that it distracts attention from ... nuclear proliferation are quite serious enough to justify a precautionary approach. In addition, the question whether some measure is apt to limit ... ...
  • Mitchell and another v Glasgow City Council
    • House of Lords
    • 18 Febrero 2009
    ... ... be the case where the issue on which the case depends is one of principle or, as Lord Reed put it in para 135 of his opinion, of legal analysis. In ... On the other hand the precautionary steps required of a careful person are unlikely to be particularly ... ...
  • R (on the application of Plan B Earth) v Secretary of State for Transport
    • Court of Appeal (Civil Division)
    • 27 Febrero 2020
    ... ... does not have the status of an Act of Parliament and can, in principle, be the subject of challenge by a claim for judicial review. If the ... The provisions of the SEA Directive are founded on the “precautionary principle”. Recital 1 states: “(1) Article 174 of the Treaty ... ...
  • R v Sheppard
    • House of Lords
    • 27 Noviembre 1980
    ... ... medical aid, which in appropriate cases will include precautionary medical examination, the prosecution must prove: (1) ... ) of the Act of 1933, which would justify the application of the principle laid down by this House in Barras v. Aberdeen Steam Trawling and Fishing ... ...
  • R v (on the application of British American Tobacco UK Ltd and Others) v Secretary of State for Health
    • Court of Appeal (Civil Division)
    • 30 Noviembre 2016
    ... ... what both Mr Anderson and Mr Hobbs called the "use it or lose it principle". Article 10 provides that if within a period of five years following ... ]); and the applicability of what the judge describes as "the precautionary principle" (see [465]–[472]) ... 186 What ... ...
  • B (A Child)
    • Supreme Court
    • 12 Junio 2013
    ... ... to consider a relevant matter, erred in law or applied a wrong principle – was present. The judge's error, according to Bridge LJ, was in the ... but also troubling example of the state exercising its precautionary responsibilities for a much loved child in the face of parenting whose ... ...
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