R v Secretary of State for Health, ex parte Eastside Cheese Company

JurisdictionEngland & Wales
Judgment Date1998
Date1998
Year1998
CourtCourt of Appeal (Civil Division)
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35 cases
  • Sinclair Collis V. The Lord Advocate
    • United Kingdom
    • Court of Session
    • 10 October 2012
    ...effect in the particular state's economic and social circumstances (R v Secretary of State for Health, ex parte Eastside Cheese Co [1999] 3 CMLR 123, Lord Bingham CJ at para 48). However, that did not support the proposition that the legislature was to be given a broad margin when deciding ......
  • R (Professional Contractors Group Ltd) v Commissioners of Inland Revenue
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 December 2001
    ...of proportionality is raised. He cited the judgment of this court in Queen v Secretary of State for Health ex parte Eastside Cheese [1999] 3 CMLR 123 at pp.143 and 146: "In principle the decision on proportionality has to be taken by the national court which is seised of an issue on Article......
  • Gallagher's (Michael) Application for Judicial Review and in the matter of a decision by the Secretary of State for Northern Ireland made on 12th September 2013
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 8 October 2021
    ...intense scrutiny was clearly identified by Lord Bingham of Cornhill CJ in R v Secretary of State for Health, Ex p Eastside Cheese Co [1999] 3 CMLR 123, paras 41-49, … As Lord Bingham explained, at para 47, proportionality review may itself be limited in context to examining whether the exer......
  • The Queen (on the application of and Others v The Secretary of State for Business, Innovation and Skills
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 7 February 2014
    ...my reasoning can be tracked into the Court's jurisprudence…" 66 Lord Neuberger of Abbotsbury MR said: 199. …in Ex p Eastside Cheese Co [1999] 3CMLR 123, para 46 Lord Bingham CJ said: " It is clear that the National Legislature has a considerable margin of appreciation, especially in legisla......
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