Departing from retained EU case law: new Court of Appeal judgment

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.

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Route map for retained EU law: new Court of Appeal Judgment

In this blog post, Jack Williams of Monckton Chambers discusses the Court of Appeal case of Lipton v BA City Flyer Ltd [2021] EWCA Civ 454, which contains a helpful distillation of the principles relevant to determining whether a Regulation forms part of domestic law (i.e. is “retained EU law”), and how the Trade and Cooperation Agreement (“TCA”) and the EU (Future Relationship) Act 2020 interacts with retained EU law.

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