The case is considered significant in constitutional terms for its ruling on the extent of ministerial prerogative powers.

The Fire Brigades Union, representing members who had been victims of violent crimes, claimed that the Secretary of State (meaning in this case the Home Secretary, Michael Howard) had a statutory duty to bring a new Criminal Injuries Compensation Scheme into force.

The Criminal Justice Act 1988 provided compensation to violent crime victims, calculated on the same basis as actions in tort, but under Section 171, would only come into force "on such day as the Secretary of State may ... appoint".

In July 1994, the House of Commons, by the Appropriation Act 1994, approved the supply of money for these tariffs for the criminal injury compensation scheme.

This meant the Secretary of State's decision to not bring Sections 108–117 into force and introduce the tariff scheme had been unlawful.