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EU claims in practice

 
Mark Whitehouse and Rupert Shiers KLegal follow last week's article (Issue 716) on EU law with a discussion of how EU rules impact on domestic legislation and the consequences
 
More than 30 years ago Lord Denning perhaps the greatest judge of the 20th century gave the clearest possible statement of the effect of the EC Treaty on UK law. He said:
 
'… when we come to matters with a European element the Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back Parliament has decreed that the Treaty is henceforward to be part of our law …' (in HP Bulmer Ltd v J Bollinger SA [1974] Ch 401 at 418-9).
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