ON April 9, a magistrate in Sunderland ruled that it is still illegal to sell fish in pounds and ounces. This is despite the existence of the 1985 Weights and Measures Act, which expressly permits lb/oz and which has not been repealed. It is also despite national consumer surveys that show 90 per cent of people want to keep lb/oz.

This judgement is based on an interpretation of the 1972 European Communities Act which allows it to overrule other Acts of Parliament in order to implement EC directives, even if those Acts of Parliament are more recent.

In other words, the ruling suggests that on joining the European Community, Parliament relinquished its supremacy to Brussels.

However, this judgement conflicts with the assurances of successive British governments that the UK remains a sovereign state, in which case, the 1985 Act must remain foremost.

Such is the divergence between the legal and political interpretations of the 1972 Act that it is inappropriate that such a fundamental constitutional issue should be resolved in a magistrate's court.

We are pleased to report, therefore, that the judgement is to be appealed and is likely to be heard in the Autumn by a bench of High Court judges in London.

This appeal will either be by a greengrocer Steven Thoburn or another trader. We invite readers who want to save lb/oz to make donations payable to the Steven Thoburn (Metric Martyr) Defence Fund, to be send to PO Box 526, Sunderland SR1 3YS.

Log onto www.bwmaOnline.com for further information on the judgement and the campaign to save pounds and ounces, the pint and mile.

John Gardner, Retail liaison officer, BWMA (Director Vivian Linacre), Montgomery Street, Edinburgh.