Judicial error

Cooper v Attorney-General Ch D TLR 7 October

The proceedings were the first of their kind in the UK, based on a cause of action recognised by the ECJ in Kobler v Republik Osterreich (Case C-224/01) ([2004] QB 848) that member states have to make good any damage caused to individuals by infringements of community law for which they are responsible, even where the infringements stem from a decision of a court adjudicating at last instance, provided the following three conditions are met: