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Thoburn v Sunderland City Council etc: Admn 18 Feb 2002

Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002

Regina v The Department of Trade and Industry, ex parte Alba Radio Limited, Pifco Limted: Admn 30 Nov 2000

The claimants sought to challenge regulations putting into effect the directive. Judges: Nigel Pleming QC Citations: [2000] EWHC Admin 423 Links: Bailii Statutes: Electrical Equipment (Safety) Regulations 1994, Consumer Protection Act 1987, Council Directive 73/23/EEC, European Communities Act 1972 2(2) Judicial Review, European Updated: 29 May 2022; Ref: scu.140239

Perth and Kinross Council v Tony Donaldson and 14 Others Newtown Construction Scotland Ltd Meldru: EAT 30 Oct 2003

EAT Transfer of Undertakings – Acquired rights directiveThe European Acquired rights directive sought to protect the rights of employees on the a transfer of a business to another employer. It was transposed into UK law by regulations purportedly made under 2(2) of the 1972 Act. The tribunal held that TUPE applied where the employer became … Continue reading Perth and Kinross Council v Tony Donaldson and 14 Others Newtown Construction Scotland Ltd Meldru: EAT 30 Oct 2003

Hayward v Cammell Laird Shipbuilders Ltd (No. 2): HL 1988

A woman complained that she was not being paid as much as male colleagues who were doing work of equal value. An Act of Parliament had made certain provisions in that regard. Later, that Act had been amended for the purpose of complying with Community law and this had been done by regulations made under … Continue reading Hayward v Cammell Laird Shipbuilders Ltd (No. 2): HL 1988

Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a … Continue reading Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Doherty and others v Birmingham City Council: HL 30 Jul 2008

The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008