In June 1970, a big earth-moving machine got stuck in the mud. It sank so far as to be out of sight. It cost much money to get it out. Who is to pay … - Alfred Denning, Baron Denning

At one time there was a black-out of any development of administrative law. The curtains were drawn across to prevent the light coming in. The remedy of certiorari was hedged about with all sorts of technical limitations. It did not give a remedy when inferior tribunals went wrong, but only when they went outside their jurisdiction altogether. The black-out started in 1841 with Reg. v. Bolton (1841) 1 Q.B. 66 and became darkest in 1922, Rex v. Nat Bell Liquors Ltd. 2 A.C. 128. It was not relieved until 1952, Rex v. Northumberland Compensation Appeal Tribunal, Ex parte Shaw 1 K.B. 338. Whilst the darkness still prevailed, we let in some light by means of a declaration. The most notable cases were Barnard v. National Dock Labour Board 2 Q.B. 18 and Anisminic Ltd. v. Foreign Compensation Commission 2 A.C. 147. I sat in the preliminary hearings of both of them. We allowed each of those cases to go forward. It was because otherwise persons would be without a remedy for an injustice: see Barnard v. National Dock Labour Board 2 Q.B. 18, 43 and the Anisminic case 2 A.C. 147, 231B-C In effect it was only by leave that the action for a declaration was allowed to proceed.

Old Peter Beswick was a coal merchant in Eccles, Lancashire. He had no business premises. All he had was a lorry, scales, and weights. He used to take the lorry to the yard of the National Coal Board, where he bagged coal and took it round to his customers in the neighbourhood. His nephew, John Joseph Beswick, helped him in his business. In March 1962, old Peter Beswick and his wife were both over 70. He had had his leg amputated and was not in good health. The nephew was anxious to get hold of the business before the old man died. So they went to a solicitor, Mr. Ashcroft, who drew up an agreement for them.

Our sovereignty has been taken away by the European Court of Justice...Our courts must no longer enforce our national laws. They must enforce Community law...No longer is European law an incoming tide flowing up the estuaries of England. It is now like a tidal wave bringing down our sea walls and flowing inland over our fields and houses—to the dismay of all.