1984

HL

British Airways Board v Laker Airways Ltd [1985] AC 58

British Airways sought an injunction in English courts prohibiting Laker from pursuing the US actions. The judge refused the application, it was appealed. In the interim the UK issued directions under the Protection of Trading Interest Act prohibiting British Airways to comply with certain requirements imposed by US courts. Laker made a cross application for judicial review of the ministerial directions. CA dismiss the application of Laker, the case was referred to HL

Appeal against the grant of injunction asked by BA was allowed, against the judicial review refusal was dismissed The ministerial order, being in the sphere of international relations, could only be subject to judicial review if the appellant had made out a strong case showing that no reasonable Secretary of State could have issued them. Laker had failed to make out such a case.