JUDGEMENTs
The Factortame litigation (“R v. Secretary of State for Transport ex parte Factortame Limited and others”) comprises five distinct cases:
Factortame I
Factortame I which concerned interim measures and exercised the minds of five different tribunals – The Divisional Court (now called the Administrative Court); [1989] 2 CMLR 353 the Court of Appeal; the House of Lords [1990] 2 AC85; the European Court of Justice (“ECJ”) [1990] ECR-12433 and, for second time the House of Lords [1991] I.A.C. 603.
Factortame II
The decision of the ECJ in answer to the substantive question asked by the Divisional Court – “Is the Merchant Shipping Act compatible with European Law” [1991] ECR 1-4586.
Factortame III
The decision of the ECJ on state liability for primary legislation passed in breach of European law [1996] ECR 1-1034.
Factortame IV
The series of decisions by English courts relating to whether the actions of the United Kingdom were sufficiently serious to justify an award of compensation – Divisional Court [1997] EULR 475, Court of Appeal [1998] EULR 456 and House of Lords [2000] EULR 40.
Factortame V
Deals with limitation issues.
In all there were 11 major judgments in addition to innumerable ancillary matters, the European Commission’s own action against the United Kingdom Government and two important judgments (Costs Judge and Court of Appeal on costs.
Reproduced by permission of The Incorporated Council of Law Reporting for England and Wales, Megarry House, 119 Chancery Lane, London, WC2A 1PP (www.lawreports.co.uk)
Astrolabe
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