Regina v Secretary of State for Transport Ex Parte Factortame Ltd and Others (No 5): Admn 31 Jul 1997

A breach of EU law by the UK government was not sufficient to justify or allow the award of punitive damages. Liability had been established. The court considered whether exemplary damages could and should be awarded. In that context liability was best understood as a breach of statutory duty.
Lord Justice Hobhouse Mr Justice Collins Mr Justice Moses
Times 11-Sep-1997, [1997] EWHC Admin 755
CitedGarden Cottage Foods Ltd v Milk Marketing Board HL 1984
In English law a breach of statutory duty, is actionable as such by a private individual to whom loss or damage is caused by a breach of that duty. Lord Diplock said that it was quite unarguable: ‘that if such a contravention of Article 86 gives . .
CitedBourgoin SA v Minister of Agriculture Fisheries and Food CA 1985
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .

Cited by:
CitedPhonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.137701