Direct Effect in UK Law

Leading Cases
  • Crédit Suisse Fides Trust S.A. v Cuoghi

    Where a defendant and his assets are located outside the jurisdiction of the court seised of the substantive proceedings, it is in my opinion most appropriate that protective measures should be granted by those courts best able to make their orders effective.

  • Westminster City Council v Great Portland Estates Plc

    Personal circumstances of an occupier, personal hardship, the difficulties of businesses which are of value to the character of a community are not to be ignored in the administration of planning control. It would be inhuman pedantry to exclude from the control of our environment the human factor. It can, however, and sometimes should, be given direct effect as an exceptional or special circumstance.

  • R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg

    Mandatory and discretionary sentences are now each divided into the two elements. Given that the post- Handscomb practice, embodied in section 34 of the Act of 1991, now gives a direct effect to the trial judge's opinion, it is irrational (so the argument runs) for the Home Secretary not to have brought into alignment the two methods of fixing the penal element.

    Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.

  • Warner-Lambert Company LLC v Generics (UK) Ltd (trading as Mylan) and Others

    First, the proposition that a product is efficacious for the treatment of a given condition must be plausible. The disclosure of those grounds marks the difference between a speculation and a contribution to the art. Fourth, although the disclosure need not definitively prove the assertion that the product works for the designated purpose, there must be something that would cause the skilled person to think that there was a reasonable prospect that the assertion would prove to be true.

  • R v Lyons ; R v Parnes ; R v Ronson ; R v Saunders (No 3)

    But even then, the metaphor of incorporation may be misleading. Of course there is a strong presumption in favour of interpreting English law (whether common law or statute) in a way which does not place the United Kingdom in breach of an international obligation.

  • Garden Cottage Foods Ltd v Milk Marketing Board

    This decision of the European Court of Justice as to the effect of Article 86 is one which section 3(1) of the European Communities Act 1972 requires your Lordships to follow. The rights which the Article confers upon citizens in the United Kingdom accordingly fall within section 2(1) of the Act. They are without further enactment to be given legal effect in the United Kingdom and enforced accordingly.

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Legislation
  • Direct Payments to Farmers (Legislative Continuity) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ......effect in EU law immediately before exit day for the claim year 2020, and . (b) (b) ignoring for this purpose the disapplication of any of its provisions ......
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... S- . . . (1) Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by ... agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements ......
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... . (1) EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in ...S-3 . Incorporation of direct EU legislation 3 Incorporation of direct EU legislation . . (1) ......
  • Landfill Tax (Scotland) Act 2014
    • Scotland
    • January 01, 2014
    ...... . . (b) allow the Tax Authority to direct requirements to be met before certificates can be issued. . (3) The ... . . (a) that it is to have effect only in relation to disposals of such descriptions as may be set out in ......
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Books & Journal Articles
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Law Firm Commentaries
  • Are You an Insider? Data Privacy Challenges Posed by New Insider List Requirements
    • LexBlog United Kingdom
    The EU’s Market Abuse Regulation (“MAR”) came into effect on July 3, 2016 replacing the EU’s Market Abuse Directive. Unlike the Directive, the MAR has direct effect in each EU member state, includi...
    ...The EU’s Market Abuse Regulation (“MAR”) came into effect on July 3, 2016 replacing the EU’s Market Abuse Directive. Unlike the ......
  • FSA Approach to Implementation of Aspects of the EU Short Selling Regulation
    • JD Supra United Kingdom
    On August 15, the FSA published a short selling edition of its Market Watch newsletter. Although the EU Short Selling Regulation (the ‘Regulation’) will have direct effect in t...
    ...... the EU Short Selling Regulation (the ‘Regulation’) will have direct effect in the UK from November 1, certain aspects of it afford discretion ......
  • EU Insolvency Regulation is recast at last
    • LexBlog United Kingdom
    Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings comes into effect on 26 June 2017 for insolvency proceedings that are opened on or af...
    ...... of the Council of 20 May 2015 on insolvency proceedings comes into effect on 26 June 2017 for insolvency proceedings that are opened on or after ... the EC Regulation (1346/2000) on insolvency proceedings and has direct effect in the UK until such time as the UK leaves the EU. The amendments ......
  • European Commission publishes Insurance Product Information Document (IPID) implementing regulation in the Official Journal
    • LexBlog United Kingdom
    The European Commission implementing regulation ((EU) 2017/1469) on the format and content of the Insurance Product Information Document (IPID) was published in the Official Journal of the European...
    ......The IPID is a requirement under the Insurance Distribution Directive ((EU) 2016/97) (IDD). As a regulation, (EU) 2017/1469 will have direct ......
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