Judgments - Wilson and others v. Secretary of State for Trade and Industry (Appellant)

(back to preceding text)

220. The present action was in progress when the 1998 Act came into force on 2 October 2000. So, for the purposes of article 1, the operative provisions of the 1998 Act, including sections 3 to 5, do not apply to this action. I am content to rest my decision on that narrow ground. It follows that the Court of Appeal had no power to make the declaration of incompatibility that they did - and, indeed, that the Secretary of State had no right to be joined as a party under section 5(3). Despite this technical quirk, I would allow her appeal and make the order proposed by Lord Nicholls of Birkenhead.

 
previous
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2003
Prepared 10 July 2003