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Cooper v HM Attorney General - government liability for failure by a Court of final appeal properly to apply EU law

Although there are circumstances in which an individual can claim against the Government for damage suffered as a result of failure by a court of final appeal to take proper account of EU law this will only be so where the underlying breach of Community law is "sufficiently serious" and it is unlikely that a procedural defect will be "sufficiently serious" to support such a claim.

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