Category: Courts

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.

05/10/202305/10/2023

The long tail of the CJEU’s penal powers to fine the UK post Brexit

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.

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.

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.

13/09/202213/09/2022

When do directives form part of Retained EU Law? Case comment

In this post, Jack Williams of Monckton Chambers discusses the recent case of Harris v Environment Agency [2022] EWHC 2264 (Admin) concerning when directives form part of Retained EU Law pursuant to section 4(2)(b) of the EU (Withdrawal) Act 2018.