Ellen Street Estates Ltd v Minister of Health 1934 1 KB 590, Court of Appeal
Citation:Ellen Street Estates Ltd v Minister of Health 1934 1 KB 590, Court of Appeal
Rule of thumb:What happens if older & newer statutes clash? 2 principles apply, (1) the presumption is that they should be read to be in conjunction with each other if possible, as if the older statute has not been repealed it is presumed to still be in effect, and, (2) it is only if they are clearly contradictory that the new provision applies.
Judgment:
‘... The legislature cannot, according to our constitution, bind itself as to the form of subsequent legislation, and it is impossible for Parliament to enact that in a subsequent statute dealing with the same subject matter there can be no implied repeal. If in a subsequent Act Parliament chooses to make it plain that the earlier statute is being to some extent repealed, effect must be given to that intention just because it is the will of the legislature’. Lord Justice Maugham
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