FACTORTAME

Case Analysis

Case Analysis

Analysis

Factortame 1: R v Secretary of State for Transport, ex p Factortame Ltd [1990] 2 AC 85 HL.

In this case, a collection of companies which owned and operated deep sea fishing vessels were the applicants. Factortame Ltd was one such company in the respective group standing as an appellant. The main shareholders and management of the company were mostly Spanish nationalities. The company operated vessels for business purposes. These vessels were primarily British registered. The Merchant Shipping Act and Regulations of 1988 obligated a new registration regime (notably residence conditions for shareholders and directors). Under the pretenses of ...