R v Henn
| Jurisdiction | England & Wales |
| Judge | THE LORD CHIEF JUSTICE |
| Judgment Date | 07 July 1978 |
| Judgment citation (vLex) | [1978] EWCA Crim J0707-2 |
| Docket Number | No. 4040/C/77 |
| Court | Court of Appeal (Criminal Division) |
| Date | 07 July 1978 |
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7 cases
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R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Noncyp Ltd
...of arbitrary discrimination or a disguised restriction on trade between Member States. 16Article 36 has been considered in detail in R. v. Henn and Darby [1981] A.C.850. The facts of that case were that Henn and Darby were convicted of fraudulently evading the prohibition on the importation......
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New Hampshire Insurance Company v Strabag Bau Aktiengesellschaft
... ... 21 I remind myself that in interpreting Article 35 I must not only apply principles of law laid down by the European court, but must also adopt what may be called a European, or purposive approach. In Henn and Darby v. Director of Public Prosecutions [1981] A.C. 850 at 905 Lord Diplock said, "The European Court, in contrast to English courts, applies teleological rather than historical methods to the interpretation of the treaties and other Community legislation. It seeks to give effect ... ...
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Lois Angela Sayers v Cambridgeshire County Council
... ... 296 The Claimant submits that the approach of Lord Macfadyen in Cross is contrary to the teleological method of construction which every domestic judge is obliged to adopt when interpreting a provision of Community law and that, as Lord Diplock noted in Henn v. Darcy v DPP [1981] AC 850 (at p. 905) "[the ECJ] seeks to give effect to what it conceives to be the spirit rather than the letter of Treaties; sometimes, indeed to an English judge, it may seem to the exclusion of the letter. It views the Communities as living and expanding organisms and ... ...
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Thomas v Chief Adjudication Officer (Case C-328/91)
...7(1) (a), and in particular the phrase "and the possible consequences thereof for other benefits", from a Community point of view. In R. v. Henn [1981] A.C. 850 at p.904, Lord Diplock warned of the danger of an English court applying English canons of statutory construction to "the interpre......
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