The Law Reports (Queen's Bench Division)
[2011] QB 744
Divisional Court
Interfact Ltd v Liverpool City Council (Secretary of State for Culture, Media and Sport intervening)
[2010] EWHC 1604 (Admin)
Court of Appeal
Regina v Budimir and another (Same intervening)
[2010] EWCA Crim 1486
2010 May 6;
June 29
Lord Judge CJ, David Clarke, Lloyd Jones JJ
Statute— Enforceability— Criminal offence— Defendants convicted of offences under Act of Parliament— Act subsequently discovered to be unenforceable because Government failing to comply with European Community Directive— Applications for leave to appeal out of time or to reopen final decision— Whether rules of national law conferring finality on decision infringing principle of effectiveness of European Union law— Whether convictions under statute subsequently found unenforceable breach of Convention rights— Whether applicants suffering substantial injustice requiring convictions to be set aside—
Video Recordings Act 1984 (c 39), ss 10, 12(1)
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 7, 10.1
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Council Directive 83/189/EEC, art 8