Spencer v Secretary of State for Work and Pensions - no need to exhaust domestic remedies for Francovich claim - High Court (QBD) 27.7.07
Mr Spencer sought to bring a so-called "Francovich" claim against the Secretary of State. He argued that the exclusion of civil liability for breach of the Management of Health & Safety at Work Regulations 1992 amounted to a failure to give effect to European law. His claim was ruled out of time. Holland J, upholding the original decision, held that there is no requirement to first exhaust domestic remedies (in this case against Mr Spencer's personal injury action against his ex-employer Boots) as a condition precedent to a Francovich claim.