Source: All England Reporter
Publisher Citation: [2002] All ER (D) 09 (Nov)
Neutral Citation: [2002] EWHC 2261 (Admin)
Court: Administrative Court
Judge:

Newman J

Representation Elisabeth Laing (instructed by Pellys) for the claimant.
  Frances Patterson QC (instructed by Margaret Taylor) for the defendant.
Judgment Dates: 1 November 2002

Catchwords

Statutes - Subordinate legislation - Statutory instrument - Anomalies|| Correction of obvious drafting error - Power of defendant board to levy tolls on large buses - Humber Bridge Tolls Order 1979 Confirmation Instrument 1980 - Humber Bridge (Revisions of Tolls and Vehicle Classification) Order 1989 - Humber Bridge (Revisions of Tolls and Vehicle Classification) Orders 1997 and 2000 - Humber Bridge (Revision of Tolls) Order 2002 - Humber Bridge Act 1959, s 61(1) - Humber Bridge Act 1971, s 10.

The Case

Where there was a general and continuing power to levy charges from the public, notwithstanding that the power was an inchoate one until confirmed by the Secretary of state, the court would not be stepping outside its constitutional role by rectifying omissions in a statutory instrument where it was clear that the draftsman had slipped up.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.