Queen v. Sec’y of State for Transport ex Parte Factortame (Factortame I)
FACTS
-matter of procedure when the lower court in GB was called upon to enjoin a law of Parliament (totally unheard of in the UK) fishing quotas – each country was entitled to a quota; lots of Spanish fishermen who owned British
companies, and the UK law discriminated against them
-Even lower courts must also be able to grant interim relief, and must set aside procedural rules of nat’l
law if interim relief would be granted and nat’l rules don’t allow that
FACTS
-matter of procedure when the lower court in GB was called upon to enjoin a law of Parliament (totally unheard of in the UK) fishing quotas – each country was entitled to a quota; lots of Spanish fishermen who owned British
companies, and the UK law discriminated against them
-Even lower courts must also be able to grant interim relief, and must set aside procedural rules of nat’l
law if interim relief would be granted and nat’l rules don’t allow that
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