The Legal Cases
5/8/20243 min read
The initial Sunderland Court Case attracted global media attention and referred to by District Judge Bruce Morgan as ‘the most famous bunch of bananas in legal history.’
The Morgan Judgment highlighted at the time, and set out in the very clearest terms, Britain’s relationship with the European Union.
Indeed, District Judge Morgan’s words that, ‘this country quite voluntarily surrendered the once seemingly immortal concept of sovereignty of Parliament and legislative freedom by membership of the European Union,’ made banner headlines not just in the UK but around the world.
The case was heard over three days and commanded many column inches and airtime with many visitors and supporters turning up to the court and the debate raged on radio, tv and in print.
The Metric Martyrs’ Campaign, intent on highlighting the absurdity and hypocrisy of the prosecution invited Shadow Trade and Industry Minister Alan Duncan to Sunderland and then took him to lunch.
The shot (right) made the papers with the Shadow Minister and Steve Thoburn in McDonalds eating a Quarter Pounder with not a Trading Standards Officer in sight to charge McDonalds for using imperial measures.
Steve Thoburn was found guilty of two offences and given a six-month conditional discharge.
In April 2001 the decision was made to appeal the Magistrates’ Court decision and the ‘Thoburn’ case as it became known consolidated those of four other traders to take the case to the Court of Appeal. The British public showed their support by getting squarely behind the campaign.
Colin Hunt
Hackney greengrocer Colin Hunt was convicted in 2001 of six offences under the Price Marking Order 1999 for failing to display a unit price per kilogram. His customers from the Afro-Caribbean, Chinese and Turkish communities stood firmly behind him in support.
John Dove & Julian Harman
John Dove (left) was a Cornish fishmonger and Julian Harman (right) had been convicted in 2001 at Bodmin Magistrates Court for displaying prices in imperial. One of Julian’s heinous crimes was to display a sign stating ‘Brussels Sprouts 39p per lb’ contrary to the 1999 Price Marking Orders and a criminal act.
Peter Colins
The final martyr to join was Peter Collins who had been refused a street traders licence for failure to buy metric scales although was not convicted of any criminal offence. Peter Collins appealed to a Magistrates' court to have limits on his street trading licence removed. The argument taken in the Court of Appeal was an Article 10 ECHR point.
The court of appeal
In November 2001 the consolidated case was taken to the Court of Appeal, the decision of Lord Justice Laws putting ‘Thoburn’ at the heart of the constitutional debate and discussions around Parliamentary sovereignty.Defeat for the Metric Martyrs came again when the judgment was handed down on 18th February 2002 and the national and international press covered the decision comprehensively. The Sun newspaper ran with the headlines ‘Surrender – pound of bananas banned as our judges cave in to Europe.’The Thoburn decision can be seen here.
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