Preliminary Ruling in UK Law

Leading Cases
  • Fleming (t/a Bodycraft) v HM Revenue and Customs; Conde Nast Publications Ltd v Same
    • Court of Appeal (Civil Division)
    • 11 Julio 2006

    Those circumstances would, I think, include a case in which the judgment of the Court of Justice under consideration by this Court in the earlier case had been the subject of further consideration – and consequent interpretation, explanation or qualification—by the Court of Justice in a later judgment.

  • HM Revenue and Customs v IDT Card Services Ireland Ltd
    • Court of Appeal (Civil Division)
    • 27 Enero 2006

    Customs & Excise seek a reference for a preliminary ruling if they are unsuccessful on this appeal. In Kobler v Austria [2004] 2 WLR 976, the Court of Justice held that in special circumstances a state can be liable if the final court of appeal in a member state declines to refer a question of the interpretation of the EC treaties to the Court of Justice, and takes a wrong view of the EC law. This may lead to national courts taking a more restrictive view of acte clair in the future.

    The Court of Justice has held that the national court's obligation is to interpret domestic legislation, so far as possible, in the light of the wording and the purpose of a directive in order to achieve the result pursued by the directive and thereby comply with Community obligations: see Marleasing S.A. v La Commercial Internacional de Alimenation SA at para 8. It is sometimes also referred to as the principle of conforming interpretation.

  • R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
    • House of Lords
    • 11 Octubre 1990

    But an order granting the appellants the interim relief which they seek will only serve their purpose if it declares that which Parliament has enacted to be the law from 1 December 1988, and to take effect in relation to vessels previously registered under the Act of 1894 from 31 March 1989, not to be the law until some uncertain future date.

    "Any such order, unlike any form of order for interim relief known to the law, would irreversibly determine in the applicants' favour for a period of some two years rights which are necessarily uncertain until the preliminary ruling of the E.C.J. has been given.

  • R v Boardman
    • House of Lords
    • 13 Noviembre 1974

    It falls to the Judge, in the first place by way of preliminary ruling, and indeed on an application for separate trials if such is made (see the opinion of my noble and learned friend Lord Cross of Chelsea) to estimate the respective and relative weight of these two factors and only to allow the evidence to be put before the jury if he is satisfied that the answer to the first question is clearly positive, and on the assumption, which is likely, that the second question must be similarly answered, that on a combination of the two the interests of justice clearly require that the evidence be admitted.

  • HP Bulmer Ltd v Bollinger SA
    • Court of Appeal (Civil Division)
    • 22 Mayo 1974

    (2) When such a question is raised before any Court or tribunal of a Member State, the Court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

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Legislation
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (Costs in Criminal Proceedings) , as amended;‘public interest ruling’ means a ruling about whether it is in the public interest to disclose ... it is a hearing preliminary or incidental to an appeal, including the hearing of an application for ... ...
  • Contracts (Applicable Law) Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... ;(l) dismiss or give judgment on a claim after a decision on a preliminary issue;(m) take any other step or make any other order for the purpose of ... 2000/221), rules 1(a), 40 ... (Rule 3A) Ruling on meaning ... ...
  • Northern Ireland Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... 28), s. 3(7) ... Part I: Preliminary ... 1: Status of Northern Ireland ... (1) It is hereby declared that ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Crown Court preliminary hearing form: multiple defendants (Section 28)
    • HM Courts & Tribunals Service court and tribunal forms
    Criminal Case Management forms including hearing forms.
    ... ... No objection   Objection raised ... Objection raised and adjourned to: ... b)   First defendant: Section 28 Ruling: ... b)   Second defendant: Section 28 Ruling: ... b)   Third defendant: Section 28 Ruling: ... b)   Fourth defendant: ... ...
  • 28)
    • HM Courts & Tribunals Service court and tribunal forms
    • HM Courts & Tribunals Service
    Criminal Case Management forms including hearing forms.
    ... Crown Court Preliminary Hearing form ... body { font-family:'Arial Narrow'; font-size:0.92em } ... b)   Section 28 Ruling: ... c)   Date for service of Prosecution papers (35 days from ... ...
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