“…w, we consider that an analogy can be drawn with what was said by Lord Bingham of Cornhill CJ in R v Secretary of State for Health, ex parte Eastside Cheese Co [1999] 3 CMLR 123, at para. 47: “on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with…”
“… be payable. In the case of control of use, however, the obligation to compensate is much weaker. In R v Secretary of State for Health ex p. Eastside Cheese Co [1999] 3 CMLR 123 the Court of Appeal considered the case for compensation in non-deprivation cases:…”