In this post, Jack Williams of Monckton Chambers explores the recent Supreme Court judgment in Lipton v BA Cityflyer Ltd [2024] UKSC 24 concerning the status of causes of action that accrued in EU law prior to Brexit.
Continue reading “Accrued EU Law rights take off in the Supreme Court”The role of the courts regarding assimilated law from October 2024
In this post, Jack Williams of Monckton Chambers provides an update on section 6 of the Retained EU Law (Revocation and Reform) Act 2023 concerning the role of courts in interpreting and departing from assimilated case law.
Continue reading “The role of the courts regarding assimilated law from October 2024”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.
Continue reading “Clearing up when the Courts will depart from retained EU case law”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.
Continue reading “The CAT goes astray on accrued EU law rights”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.
Continue reading “Frying up a “kind of” answer for when directives form part of retained EU law”