decided he could only provide police cover for cross-channel live animal
exports on 2 days per week.
argued inter alia that this constituted export ban which was prohibited by Article
of Lords accepted that, assuming there had been breach of Article 34,
proportionality would be of relevance in deciding on application of Article 36
decision held to be proportionate response.
interesting aspect of this case was Lord Cooke’s opinion that traditional
formulation of Wednesbury test – ‘Was
decision so unreasonable that no reasonable authority could ever have come to
it?’ – was tautologous.
simply to say – ‘Was decision in question one which a reasonable authority
that CC’s margin of discretion does not therefore differ according to whether
its source be found in purely domestic principles or superimposed European