Key Facts
- •Mark Wetherell (Appellant) brought a personal injury claim against Student Loans Company Limited (Respondent).
- •The claim was based on the alleged direct enforceability of European Directives 2009/104/EC and 2003/10SEC against the Respondent.
- •The Respondent is a government-owned, non-profit making executive non-departmental public body.
- •The Appellant argued the Respondent was an 'emanation of the state' and thus subject to the Directives' direct effect.
- •The County Court dismissed the claim, finding the Respondent was not an emanation of the state.
- •The Appellant appealed, arguing insufficient evidence was considered by the lower court.
- •The Appellant did not provide additional evidence during the appeal.
Legal Principles
Direct enforcement of European Directives against an emanation of the state.
Foster v British Gas [1991] 2 AC 306
A body is an emanation of the state if it is responsible for providing a public service under state control and has special powers beyond those of normal private individuals.
Foster v British Gas [1991] 2 AC 306
Judicial notice of facts.
Dodson v North Cumbria Integrated Care NHS Trust [2021] ICR 1699
Failure to implement European Directives.
R (United Road Transport Union) v Secretary of State for Transport [2013] EWCA Civ 962 and Redgrave’s Health and Safety
Outcomes
Appeal dismissed.
The Respondent, while government-owned and administering the student loan scheme, lacked the 'special powers' required to be considered an emanation of the state under Foster v British Gas. Insufficient evidence was presented to support the Appellant's claim.