Thanks Stephen.
I suspect that was indeed the discussion which had triggered my thoughts. Para 58 of the SC decision does indeed seem to distinguish powers and duties.
Having looked at it quickly however I am still not sure how - i.e. is it a matter of principle or just an expression of the necessity question. As Panopticon says it requires "close study and a very cold towel around the head" - not something for a late Sunday evening.
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