Found: He referred to but did not cite the speech of Lord Hoffmann, with whom the other members of the Judicial

Found: Saudi Arabia per Lord Bingham at [22] and following, per Lord Hoffmann at [42] and following;

Found: arbitrators were very experienced, including Sir Anthony Evans (former Lord Justice of Appeal), and Lord Hoffmann

Found: Christopher Clarke, Ms Emilie Gonin, Mr Salim Moollan KC, Lord Nicholas Phillips, Sir Bernard Rix, and Lord Hoffmann

Found: Professor Mills’ draft as reamended by the Brick Court group, if I can call them loosely that, and Lord Hoffmann

Found: Before the Law Commission, we had Lord Hoffmann, Lord Mance, Lord Phillips, Sir Richard Aikens, Sir

Found: Lord Hoffmann expressed a similar concern:5 “However, I am afraid that, as I think my noble and learned

Found: Written Evidence from Lord Hoffmann I said at second reading that it would be better if subsection

Found: We respectfully adopt the comments of Lord Hope of Craighead and Lord Hoffmann: https://hansard.parliament.uk

Found: impact on the arbitration market in the United Kingdom, noting in particular the comments of Lord Hoffmann

Found: of the [Act] arising out of the recent interpretation of Section 4(5) of the Act in Enka” by Lord Hoffmann

Found: The Lord Hoffmann at Hansard 19 December 2023 Grand Committee Col 429GC-430GC and 433GC to 434GC.

Found: That is something on which Lord Hoffmann expressed a view in Second Reading.

Found: — by Professor Ekins and others, with a foreword by Lord Hoffmann, which says that you can ignore interim

Found: — by Professor Ekins and others, with a foreword by Lord Hoffmann, which says that you can ignore interim

Found: Jan of London [1993] BCC 646 (solvent cases but where the s.214 provisions are discussed by Lord Hoffmann

Found: to the precedent set by a judicial Committee of the House of Lords, when a decision in which Lord Hoffmann

Found: The House of Lords rejected the contention, Lord Hoffmann recorded: “EIA.

Found: As Lord Hoffmann stated in Re G ‘the margin of appreciation is there for division between the three

Found: R (Nasseri) v SSHD [2009] UKHL 23 per Lord Hoffmann at paras 23-25 and 36-3912 See e.g.

Found: The principle, which was described by Lord Hoffmann in a case about 15 years ago, is that they are actually

Found: The seeds of a more 18flexible approach are evident in Lord Hoffmann™s judgment in the Privy Council

Found: Lord Hoffmann, for example, has served on it since the 1997 withdrawal—what is that?

Found: Lord Hoffmann, ‚The Universality of Human Rights™, Judicial Studies Board Annual Lecture, 19 March 2009

Found: giving effect to what would, apart from the statute, have been the law.5 3 Rejecting statements by Lord Hoffmann

Found: As you know, that has been heavily criticised by senior British judges, Lord Sumption and Lord Hoffmann

Found: Lord Hoffmann, long retired from the House of Lords, once put it very well when he said words to

Found: known formulation of what has been called the 'principle of legality' comes from the speech of Lord Hoffmann

Found: opinion of the Appellate Committee of the House of Lords (comprising of Lord Bingham of Cornhill, Lord Hoffmann

Found: It is relevant because of Lord Hoffmann™s comment (at 502) on how the philosophical underpinning of tort

Found: In Simms, Lord Hoffmann famously held that Parliamentary sovereignty means that Parliament can, if it

Found: the decision of the House of Lords in Wildtree Hotels Ltd v Harrow LBC [2000] UKHL70 in which Lord Hoffmann

Found: In the Simms case, Lord Hoffmann™s statement makes it very clear that it would be possible for Parliament

Found: and the way in which he left the issue to the jury, reflects the thinking behind statements of Lord Hoffmann

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the Written Answer by Baroness Scott of Bybrook on 31 March (HL7587), which (1) retired judges who served in courts in England or Wales, or (2) British citizens, continue to serve as judges in Hong Kong's judicial system, if any.

Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

There are six retired UK judges who on 31 March, issued a statement confirming their continued participation as Non- Permanent Members on the Hong Kong Court of Final Appeal.

• Lord Phillips of Worth Matravers
• Lord Neuberger of Abbotsbury
• Lord Sumption
• Lord Walker of Gestingthorpe
• Lord Collins of Mapesbury
• Lord Hoffmann

Found: Lord Hoffmann said this meant: that Parliament must squarely confront what it is doing and accept the

Found: Agreement, and “accepting the political cost”.65 This is a legal test, previously outlined by Lord Hoffmann

Found: Court in separate premises would be ad equately (or as well) resourced as the upper House .83 Lord Hoffmann

Found: having since retired from that post (o f which two are former Presidents); and • one UK judge, Lord Hoffmann

Found: override the fundamental right to legally privileged communications – see for example the judgment of Lord Hoffmann

I respectfully disagree. I do so because parliamentary sovereignty means that, ultimately, Parliament can legislate contrary to human rights standards, if it uses sufficiently clear words and accepts the political cost. See eg per Lord Hoffmann in Simms [2000] 2 AC 115, 131 ⬇️ https://t.co/BYFw85xVoj https://t.co/9jBztjHcbT

Found: The claimants rely upon the following statement by Lord Hoffmann in R v Secretary of State for the

Found: Lord Hoffmann, in ex parte Simms, explains the extent of this Sovereignty for the purposes of statutory

Found: not place the United Kingdom in breach of its international obligations: see, for example, per Lord Hoffmann

Found: the Lord Hoffmann, starting 12 January 2022 The Chief Executive also extended the terms of office

Found: not place the United Kingdom in breach of its international obligations: see, for example, per Lord Hoffmann

Found: The claimants rely upon the following statement by Lord Hoffmann in R v Secretary of State for the

Found: The point was made most explicitly by Lord Hoffmann : 49.

Found: meaning’ is not always very helpful ( Charter Reinsurance Co Ltd v Fagan [1997] AC 313, 391C, per Lord Hoffmann

Found: may be evidence of what, objectively discerned, was actually agreed between the parties: see Lord Hoffmann

Found: As Lord Hoffmann explained in Percy v Board of National Mission of the Church of Scotland [2006] 2

Found: He cites as authority for this proposition the dicta of Lord Hoffmann in the Privy Council case of Matadeen

Found: Thus, in Lawson v Serco [2006] UKHL3, [2006] ICR 250, Lord Hoffmann considered it: “37. … would

Found: (Lord Hoffmann in Westmoreland , supra, at paragraph 50). … 85.

Found: Lord Hoffmann (which whom the other Law Lords agreed) considered the CJEU principles in CPP and Faaborg

Found: Conversely, an appeal court is inevitably at a disadvantage, as Lord Hoffmann explained in Biogen Inc

Found: in not having issues repeatedly litigate d; see Lord Diplock in Hunter’s case [1982] Ac 529, Lord Hoffmann

Found: its meaning: see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 , [2009] 1 AC 1101 per Lord Hoffmann

Found: Serco Limited [2006] IC R 250, Lord Hoffmann noted that the right to pursue a claim for unfair dismissal

Found: In Lawson , Lord Hoffmann noted that the right to pursue a claim for unfair dismissal under the Employment

Found: parties would have understood them to be using the language in the contract to mean ”, to quote Lord Hoffmann

Found: Lord Hoffmann, who had great expertise in tax law , would of course have been aware of the long-established

Found: (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2009] AC 453 , Lord Hoffmann

Found: words or sub -paragraphs to emphasise what would otherwise be inferred from the provision (see Lord Hoffmann

Found: happened in practice may shed light on the contractual position: see Carmichael (above), esp. per Lord Hoffmann

Found: As Lord Hoffmann said in Piglowska v Pilowsk i [1999] 1 WLR 1360, at 1372B -H: “The exigencies of

Found: 2010] 1 AC 25 678, and in particular her statement, in paragraph 11, approving the statement o f Lord Hoffmann

Found: Per Lord Hoffmann at 912: The principles may be summarised as follows.

Found: (5) In Lawson Lord Hoffmann, with whose opinion the other members of the Appellate Committee agreed

Found: is not always very helpful (Charter Reinsurance Co Ltd v Fagan [1997] AC 313 , 391C, per Lord Hoffmann

Found: meaning is not always very helpful (Charter Reinsurance Co Ltd v Fagan [1997] AC 313, 391C, per Lord Hoffmann

Found: As explained by Lord Hoffmann in NEC Semi - Conductors Ltd & other test claimants v Inland Revenue

Found: intrinsically legal one and observed that his judgment seemed to hark back to a distinction drawn by Lord Hoffmann

Found: giving the judgme nt of the House of Lords In Re Pinochet where their Lordships concluded that Lord Hoffmann

Found: Rockwater v Technip [2004] EWCA (Civ) 381: Biogen v Medeva [1997] RPC 1 at p. 45 Lord Hoffmann

Found: in paragraphs 27 to 30 of Telsonic AG's Patent [2004] EWHC 474 (Ch) , [2004] RPC 38 and of Lord Hoffmann

Found: the Lord Hoffmann, start ing 12 January 2022 The Chief Executive also extended the terms of office