Skip to main content

"Factortame Ltd v Secretary of State for Transport (1990)" by GPT4.0

 "Factortame Ltd v Secretary of State for Transport (1990)" is a landmark case in UK constitutional and European Union law. The case is particularly notable for its implications regarding the supremacy of European Union law over national laws of member states. Here's a detailed summary:


- Date: 1990

- Parties: Factortame Ltd (Appellant) vs. Secretary of State for Transport (Respondent)

- Context: The case involved a conflict between British legislation and European Community law.


- Legislation in Question: The UK's Merchant Shipping Act 1988 imposed certain conditions on fishing vessels registered in the UK, affecting many Spanish fishermen who operated in British waters under the British flag.

- Issue: Factortame Ltd, representing the interests of these Spanish fishermen, argued that the Act contravened European Community law, specifically the principle of freedom of establishment.

Legal Proceedings

- Application for Interim Relief: Factortame sought an interim order to suspend the application of the Act while the case was being decided.

- Key Legal Question: Whether UK courts had the power to suspend national legislation that was potentially contrary to European Community law.


- House of Lords Ruling: Initially, the House of Lords held that it had no power to suspend an Act of Parliament.

- Reference to European Court of Justice (ECJ): The case was referred to the ECJ to determine whether EU law allowed national courts to grant such interim relief.

- ECJ Decision: The ECJ ruled that national courts must have the power to grant interim relief to protect rights under EU law, even if this meant suspending national legislation.

Legacy and Importance

- Supremacy of EU Law: The case affirmed the principle that European Union law takes precedence over conflicting national laws of member states.

- Power of National Courts: It established that UK courts could suspend national legislation if it contravened EU law, enhancing the role of courts in protecting European Union legal principles.

- Impact on UK Constitutional Law: The case highlighted tensions between parliamentary sovereignty and the obligations of EU membership, playing a significant role in the ongoing debate about the UK’s relationship with the EU.

"Factortame Ltd v Secretary of State for Transport" is a pivotal case in the context of the relationship between UK law and European Union law, demonstrating the direct effect and supremacy of EU law within member states.


Popular posts from this blog

20 more interesting and significant legal cases in the history of the UK by GPT4.0

  Here are 20 more interesting and significant legal cases in the history of the UK, which have had a considerable impact on various areas of law: 1. Airedale NHS Trust v Bland (1993): Addressed the legality of withdrawing life-sustaining treatment from a patient in a persistent vegetative state. 2. Ridge v Baldwin (1964): A significant case in administrative law, involving the improper dismissal of a Chief Constable. 3. Pepper v Hart (1993): Established that when interpreting statutes, reference can be made to the Parliament's debates for clarity. 4. Woolmington v DPP (1935): A fundamental case in criminal law, establishing the principle that the prosecution must prove the defendant's guilt (presumption of innocence). 5. Caparo Industries plc v Dickman (1990): Important for establishing the test for a duty of care in negligence law. 6. Shamoon v Chief Constable of the Royal Ulster Constabulary (2003): Key case in employment law, particularly on the issue of sex discrimination.

"Woolmington v DPP (1935)" by GPT4.0

  "Woolmington v DPP (1935)" is a landmark case in English criminal law, particularly concerning the principle of the burden of proof in criminal trials. Here's a detailed summary: Background - Date: 1935 - Parties: Woolmington (Appellant) vs. Director of Public Prosecutions (Respondent) - Context: The case revolved around a murder charge against Reginald Woolmington. Facts - Incident: Woolmington was charged with the murder of his wife. Initially, it was presumed that he needed to prove he had not murdered her. - Initial Trial: Woolmington was found guilty at the initial trial, where the burden was effectively placed on him to prove his innocence. Legal Proceedings - Appeal: The case was appealed up to the House of Lords, challenging the conviction on the grounds of misdirection regarding the burden of proof. Judgment - Decision: The House of Lords overturned Woolmington’s conviction. - Reasoning:   - The Lords established the principle famously known as the “Golden Thre

"Pepper v Hart (1993)" by GPT4.0

  "Pepper v Hart (1993)" is a significant case in UK law, particularly in the area of statutory interpretation. This case established a precedent in the way courts interpret legislation. Here's a detailed summary: Background - Date: 1993 - Parties: Pepper (Her Majesty's Inspector of Taxes) (Appellant) vs. Hart (Respondent) and others - Context: The case involved a dispute over the interpretation of a specific tax provision related to the taxation of fringe benefits received by employees. Facts - Issue: The dispute centered around whether or not the private school fees paid by an employer for the children of their employees should be taxed as a fringe benefit. - Previous Interpretation: There was ambiguity in the Income and Corporation Taxes Act 1976 regarding how these fringe benefits should be treated for tax purposes. Legal Proceedings - Claim: Teachers at Malvern College argued that the tax exemption should apply to them, reducing their tax liability. - Legal Quest