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European Court

Volume 201: debated on Monday 13 January 1992

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To ask the Attorney-General whether the Lord Chancellor intends to amend or clarify the law in order to ensure that the intentions of the House of Commons are not frustrated by courts imposing requirements which are contingent on the outcome of an unresolved appeal to the European Court.

I assume that the hon. Member is referring to the recent decision of the Court of Appeal in Kirklees Borough Council v Wickes Building Supplies Ltd in which it was held that the council was required to give a cross-undertaking in damages when seeking, by means of an interlocutory injunction, to enforce the Shops Act 1950. It would not be appropriate for me to comment on this decision because it is shortly to be appealed to the House of Lords.