Examining the new legal relationship between the UK and EU
In this post, Jack Williams of Monckton Chambers explains accrued EU law rights that remain enforceable in domestic courts after the transition period.
Continue reading “Accrued EU law rights: a guide for the perplexed”
In this post, Ben Rayment and Harry Gillow (Barristers, Monckton Chambers) explore the continuing effect of pre-Brexit EU law in domestic law and, in particular, the contrasting approaches of two cases (Lipton and Adferiad).
Continue reading “Are General Principles of EU Law Part of Domestic Law – Lipton and Adferiad, which is correct?”
The recording of the Bar European Group’s annual conference, “UK and European Law in the new UK-EU Partnership” is now available here.
Continue reading “Bar European Group annual conference recording”
In this post Jack Williams of Monckton Chambers considers the recent judgment of the Court of Appeal in TuneIn Inc v Warner Music UK Ltd & Anor [2021] EWCA Civ 441 (“TuneIn”) – the first case to consider the power in section 6(4) of the EU (Withdrawal) Act 2018 for the Court of Appeal and Supreme Court to depart from retained EU case law.
Continue reading “Departing from retained EU case law: new Court of Appeal judgment”
This blog post, written by David Gregory and Khatija Hafesji of Monckton Chambers, defines the statutory concept of retained EU case law under the European Union (Withdrawal) Act 2018 and identifies the test that certain UK courts may now apply in order to depart from it, namely that applied by the Supreme Court in departing from its own precedents. The discretion has historically been applied sparingly, principally for reasons of legal certainty. The same considerations are likely to limit the use of this new power, however possibly not to the same extent. It is unknown if domestic courts will treat it as inherently undesirable for UK and EU law to diverge.
Continue reading “Domestic courts’ new powers to depart from pre-Brexit case law”