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Sunday Trading

Volume 201: debated on Tuesday 14 January 1992

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To ask the Attorney-General if he will seek powers to challenge the ruling of the courts that any local authority seeking to enforce United Kingdom legislation on Sunday trading will have to give an undertaking to pay the losses of the defendant in the event of that legislation being found to be in contravention of the treaty of Rome.

I have no plans to seek the powers referred to by the hon. Member. I assume that he 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.