R (on the application of British Pregnancy Advisory Service) v Secretary of State for Health and Social Care

Statute – Construction. The correct construction of the words 'the pregnancy has not exceeded its 24th week' in AA 1967 s 1(1)(a) was that a woman would have exceeded her 24th week of pregnancy once she was 24 weeks + 0 days pregnant, or in other words, from midnight on the expiration of her 24th week of pregnancy, as stated in the decision letter issued on behalf of the Secretary of State. The Administrative court so held in dismissing the claimant's challenge that the Secretary of State had made an error of law in the decision letter or that the decision was procedurally unfair.

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