“…d (and gave guidance as to) the making of a reference to the CJEU under Article 267 (then Article 177 of the Treaty of Rome) in H.PBulmer Ltd v J. Bollinger SA [1974] Ch 401. Lord Denning MR explained (at 421D) that, before making a reference to the CJEU, there was a condition precedent to be fulfilled, namely, that the English cou…”
“…eference would cause unjustifiable delay in a case where the decision under challenge was procedural, not substantive (see H.P. Bulmer Ltd. v J. Bollinger S.A. [1974] Ch. 401, at p.423). And fourthly, it is opposed by all three respondents (see the judgment of Nourse L.J. in Cambridge Petroleum Royalties Ltd. v Inland Revenue Commis…”