Pregnancy Advisory Council vs Secretary of State for Health – Case Analysis

Read through the extract from Pregnancy Advisory Council v Secretary of State for Health [2011] and answer the following questions:

1. What were the material facts in the case?

2. Explain, in your own words, the legal issue(s) in the case.

3. Which technique(s) of statutory interpretation, presumptions and/or ‘rules of language’ did Mr Justice Slipperville employ in the case? Evidence your answer by reference to relevant dicta in the case.

4. What additional technique did counsel for the Claimant seek to persuade the court to use?
5. Explain, in your own words, the ratio decidendi of Pregnancy Advisory Council v Secretary of State for Health [2011].

Word limit: There is no word limit for Part A of the assessment. However, your answers should be as concise, precise and accurate as possible without being repetitive (see criteria below). The questions in Part A are not equally weighted.

Important notice: When answering questions relating to the material facts, legal issue and ratio decidendi of the case, you MUST confine your reading to the case extract provided. If it is apparent that you have referred to extraneous material relating to the reported decision such as law reports, case summaries, textbook or other similar material, this will be reflected negatively in your mark.

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