|Judgment - Regina v. Chief Constable of Sussex EX Parte International Trader's Ferry Limited continued|
LORD HOPE OF CRAIGHEAD
I have had the advantage of reading in draft the speeches which have been prepared by my noble and learned friends Lord Slynn of Hadley and Lord Hoffmann. For the reasons which they have given I also consider that I.T.F. have failed to show that the Chief Constable was in breach of his public duty in domestic law.
I also doubt the soundness of the assumptions which formed the basis of the argument as to whether I.T.F. has a remedy against the Chief Constable in Community law. But I agree with Lord Slynn of Hadley that, if those assumptions are made, the Chief Constable's actions can be justified under Article 36 of the Treaty on grounds of public policy.
I too would dismiss the appeal.
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