Examining the new legal relationship between the UK and EU
In this blog post Clíodhna Kelleher of Monckton Chambers discusses the judgment in Angesom’s Application [2023] NIKB 102, in which the High Court of Northern Ireland considered the UK government’s commitment in Article 2(1) of the NI Protocol to safeguard certain human rights and equality obligations under the Belfast / Good Friday Agreement in the aftermath of Brexit.
Continue reading “Charter rights post-Brexit in Northern Ireland”
The Court of Appeal has handed down judgment in SSWP v AT [2023] EWCA Civ 1307. In it, it has confirmed that the Charter of Fundamental Rights of the European Union (“the Charter”) applies to the interpretation of the Withdrawal Agreement (“the WA”), a decision with far-reaching consequences for the millions of individuals exercising rights of residence under the WA. In this blog post, Clíodhna Kelleher of Monckton Chambers discusses the judgment.
Continue reading “Charting old territory: the role of the Charter in the interpretation of the Withdrawal Agreement”
In this blog post, Hugh Whelan of Monckton Chambers discusses the recent case of Case C-692/20 Commission v UK (Fiscal marking of gas oil) (ECLI:EU:C:2023:707)(“Fiscal marking of gas oil”) in which the Court of Justice ordered the UK to pay a penalty of €32 million for having failed to implement necessary measures to comply with EU law before the relevant deadline.
Continue reading “The long tail of the CJEU’s penal powers to fine the UK post Brexit”
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”
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”