Direct Effect in UK Law

Leading Cases
  • Westminster City Council v Great Portland Estates Plc
    • House of Lords
    • 31 October 1984

    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.

  • Crédit Suisse Fides Trust S.A. v Cuoghi
    • Court of Appeal (Civil Division)
    • 11 June 1997

    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.

  • Duke v GEC Reliance (formerly Reliance Systems)
    • House of Lords
    • 11 February 1988

    Section 2(4) of the European Communities Act 1972 does not in my opinion enable or constrain a British court to distort the meaning of a British Statute in order to enforce against an individual a Community directive which has no direct effect between individuals. Section 2(4) applies and only applies where Community provisons are directly applicable.

  • 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
    • House of Lords
    • 24 June 1993

    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
    • Supreme Court
    • 14 November 2018

    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)
    • House of Lords
    • 14 November 2002

    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.

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Legislation
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... for ECA for implementation period“(1) Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by ... (2) In section 3 of that Act (incorporation of direct EU legislation) —(a) in subsection (1) for “exit day”, in both ... ...
  • The Russia (Sanctions) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... ;“the EU Russia Regulations” means the following, as they have effect in EU law—(a) Council Regulation (EU) No 269/2014 of 17 March 2014 ... has received, financing, directly or indirectly, from the Russian Direct Investment Fund or the National Wealth Fund, or(d) which otherwise obtains ... ...
  • Coronavirus (Scotland) (No.2) Act 2020
    • Scotland
    • January 01, 2020
    ... ... of the Interpretation and Legislative Reform (Scotland) Act 2010 (effect of repeals) apply to the suspension of a provision by regulations under ... ...
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... (1) Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by ... 5 para. 66); S.I. 2020/1622, reg. 5(d) ... 3: Incorporation of direct EU legislation ... (1) Direct EU legislation, so far as operative ... ...
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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 EUs Market Abuse Regulation (MAR) came into effect on July 3, 2016 replacing the EUs Market Abuse Directive. Unlike the tive, the MAR has direct effect in each EU member state, including the UK. The MAR, a civil market ... ...
  • 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 the UK from Novem...
    ... ... 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 asthe UK leaves the EU. The amendments ... ...
  • EU General Data Protection Regulation: A Summary for Non-EU Businesses
    • LexBlog United Kingdom
    The EU’s General Data Protection Regulation (679/2016/EU), the GDPR, comes into force across the EU on 25 May 2018. As it is being made by regulation the GDPR, unlike the existing Data Protection D...
    ... ... (implemented into the UK by the Data Protection Act 1998), will have direct effect throughout the EU. National governments will have some limited ... ...
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Forms
  • Application by site owner or occupier for determination of new level of pitch fee
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to park homes including termination of an agreement.
    ... ...   Yes        No ... Has there been any direct effect on the costs payable by the owner in relation to the maintenance or ... ...
  • Agreement to the making of a parental order in respect of my child. Section 54 of the Human Fertilisation and Embryology Act 2008
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to adoption, including those to request adoption, placement and parental orders.
    ... ... advice about agreeing to the making of a parental order and the effect on your parental rights.  If you are making this agreement outside the ... gov.uk/check-legal-aid or you can telephone the Civil Legal Advice direct helpline on 0345 345 4345 ... I agree to a parental order being made ... ...
  • Advance consent to Adoption. Section 20 of the Adoption and Children Act 2002
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to adoption, including those to request adoption, placement and parental orders.
    ... ... advised to seek legal advice about consenting to adoption and the effect ... on your parental rights. Publicly funded legal advice may be available ... information about this or find a solicitor through CLA Direct on www.gov.uk/legal-aid ... Name and address of the adoption agency in the ... ...
  • Order under Part 24 imposing condition of payment into court (rule 3.1(3) and PD 24 paras 5.1 and 5.2)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... 2. in so far as necessary, the following directions do take effect for the future conduct of the claim: ... (a)  that the defendant do ... trial window and do file pre-trial lists as the Clerk of Lists may direct ... (j)     that there be permission to each party to restore for ... ...
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