Oakley Inc v Animal Ltd (Secretary of State for Trade and Industry intervening)

Subject Matter

STATUTORY INSTRUMENT — Validity — Whether ultra vires — Secretary of State issuing regulations to implement Council Directive on registered designs — Directive containing option to derogate and retain in force existing legislation — Secretary of State exercising option and issuing transitional regulation — Whether regulation passed for purpose of implementing any Community obligation of United Kingdom — Whether regulation passed for purpose of matters arising out of or related to any such obligation — Whether decision to retain existing law significant policy change requiring primary legislation — European Communities Act 1972, s 2

[2006] Ch 337; [2006] 2 WLR 294