R v Secretary of State for Transport, Ex p Factortame Ltd (No 2)

Subject Matter

EUROPEAN COMMUNITY — Fishing rights — Common fisheries policy — British-registered fishing vessels managed and controlled from Spain — Act and Regulations of 1988 restricting registration as British — Owners' application for judicial review — Contention that Act and Regulations contravening Community law and depriving owners of enforceable Community rights — Interim injunction against Secretary of State restraining enforcement of Act and Regulations — Whether to be granted — European Communities Act 1972, s 2(1)(4) — Merchant Shipping Act 1988, s 14 — EEC Treaty, arts 7, 52, 58, 221

(Case C-213/89); EU:C:1990:257; EU:C:1990:257; [1991] 1 AC 603; [1990] 3 WLR 818; [1991] 1 All ER 70; [1990] 2 Lloyd's Rep 351; The Times, 20 June 1990, ECJ

[1991] 1 AC 603; [1990] 3 WLR 818; [1991] 1 All ER 70, HL(E)

JUDICIAL REVIEW — Crown — Interim injunctive relief — Application for interim injunction restraining Secretary of State from enforcing provisions of statute and Regulations made thereunder — Applicants' contention that Act and Regulations in conflict with laws of European Community and depriving applicants of enforceable Community rights — Principles on which interlocutory relief to be granted

(Case C-213/89); EU:C:1990:257; EU:C:1990:257; [1991] 1 AC 603; [1990] 3 WLR 818; [1991] 1 All ER 70; [1990] 2 Lloyd's Rep 351; The Times, 20 June 1990, ECJ

[1991] 1 AC 603; [1990] 3 WLR 818; [1991] 1 All ER 70, HL(E)

Appellate History

Commentary

Blackstones Civil Practice 2023
Remedies - Injunctions 77.58