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They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)).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
The claimants sought to challenge regulations putting into effect the directive. Judges: Nigel Pleming QC Citations:  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
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
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
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
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
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the . .
The claimant contended that section 2(2)(b) of the the 1972 Act did not confer power on Her Majesty’s Treasury to make the 2003 Regulations and, accordingly, they should be quashed or, alternatively, construed so as to be intra vires. . .
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
Held: Anything is ‘related to’ a Community . .
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .