Shanning International Ltd v Lloyds TSB Bank Plc & Ors [2000] EWCA Civ 177 (25 May 2000)

Shanning International Ltd v Lloyds TSB Bank Plc & Ors [2000] EWCA Civ 177 (25 May 2000)

Council Regulation 3541/92 is valid and of permanent effect because it was adopted for the legitimate Community objective of avoiding distortion of competition through uniform implementation of UN sanctions, and all substantive and procedural requirements under the EEC Treaty were met. The costs order was within the trial judge's discretion given the neutral position of Lloyds and the real dispute being between Shanning and Rasheed.

Citation
[2000] EWCA Civ 177
Parties
Claimant: Shanning; Defendant/part 20 Claimant: Lloyds Bank; Defendant/part 20 Defendant/appellant: Rasheed Bank
Jurisdiction
England and Wales
Judgment Date
25 May 2000
Procedural Posture
Appeal / Judgment on Appeal From Trial of Preliminary Issues and Costs Order
Outcome
Appeals dismissed
Legal Topics
Validity of EU Regulations, Sanctions Enforcement, Distortion of Competition, Procedural Requirements Under EU Law, Interpretation of EU Regulations, Costs Orders
European Union Law Commercial Law Public International Law Validity of EU Regulations Sanctions Enforcement Distortion of Competition Procedural Requirements Under EU Law Interpretation of EU Regulations +1 more

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Parties

Shanning

Claimant

Lloyds Bank

Defendant/part 20 Claimant

Rasheed Bank

Defendant/part 20 Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Trial of Preliminary Issues and Costs Order

Legal Issues

  1. 1 Whether Council Regulation 3541/92 is valid under the EEC Treaty
  2. 2 Whether the Regulation is of permanent effect or temporary
  3. 3 Whether the Regulation was adopted for a legitimate Community objective or for foreign/security policy reasons

Ratio Decidendi

Council Regulation 3541/92 is valid and of permanent effect because it was adopted for the legitimate Community objective of avoiding distortion of competition through uniform implementation of UN sanctions, and all substantive and procedural requirements under the EEC Treaty were met. The costs order was within the trial judge's discretion given the neutral position of Lloyds and the real dispute being between Shanning and Rasheed.

Court Disposition

Appeals dismissed

Orders

  • Rasheed's appeal dismissed with costs
  • Shanning's appeal dismissed with costs