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The Supreme Court allows appeal and determines that unincorporated associations retain the ability to apply for the issuance of a summons, a practice unchanged by a relevant statute. The Court found no compelling reason to interpret the amendment as excluding unincorporated associations from the definition of 'person' capable of making such applications, emphasising that significant legal changes are not presumed to be made indirectly or without clear intent. The appeal was allowed, clarifying that both unincorporated associations and bodies corporate are included within the term 'person' for the purposes of applying for a summons.
Supreme Court, unincorporated associations, summons application, Civil Liability and Courts Act 2004, Courts (No. 3) Act 1986, statutory interpretation, legal personhood, body corporate, prosecutor, agent, Interpretation Act 2005, administrative propriety, transparency, legislative intent, statutory offence, case stated.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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