Jack Williams

13/12/202318/12/2023

Clearing up when the Courts will depart from retained EU case law

In this blog post Jack Williams of Monckton Chambers discusses a new Court of Appeal judgment, Industrial Cleaning v Intelligent Cleaning Equipment [2023] EWCA Civ 1451 (“Industrial Cleaning”), in which the Court decided to depart from retained case law.

05/09/202319/09/2023

The CAT goes astray on accrued EU law rights

In this post, Jack Williams of Monckton Chambers discusses aspects of the Competition Appeal Tribunal’s (“CAT”) decision in Umbrella Interchange Fee Claimants and Merricks v Umbrella Interchange Fee Defendants and Mastercard [2023] CAT 49 (“Interchange”) concerning whether the CAT was bound to follow the European Court of Justice’s (“CJEU”) decision in C-267/20 Volvo AB and DAF Trucks NV v RM EU:C:2022:494 (“Volvo”), which post-dated IP completion day.

30/08/202330/08/2023

Frying up a “kind of” answer for when directives form part of retained EU law

In this blog post, Jack Williams of Monckton Chambers comments on C G Fry and Son Ltd v Secretary of State for Levelling Up Housing and Communities [2023] EWHC 1622 (Admin) (“Fry”). The case is relevant for those seeking to determine when provisions of EU directives remain part of domestic law post-Brexit as part of retained EU law.

29/08/202327/08/2023

The interpretative role of EU law from 2024

In this blog post, Jack Williams of Monckton Chambers discusses the recent case of E-Accounting Solutions Ltd (t/a Advancetrack) v Global Infosys Ltd (t/a GI Outsourcing) [2023] EWHC 2038 (Ch) (“E-Accounting”) in which HHJ Tindal makes a number of observations about the future impact of the Retained EU Law (Revocation and Reform) Act 2023 (“REUL Act”) and the interpretative role of EU law even after 2023.

02/11/202223/05/2023

General principles as retained EU law and accrued EU law

In this post, Jack Williams of Monckton Chambers discusses recent case law confirming that general principles form part of retained EU law (and how they do so), and explains how general principles can be used as part of both retained EU law (for facts and matters arising after to IP completion day) and accrued EU law (for facts and matters arising prior to IP completion day).