Category: Transition

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.

05/01/202206/01/2022

Accrued EU law rights: a guide for the perplexed

In this post, Jack Williams of Monckton Chambers explains accrued EU law rights that remain enforceable in domestic courts after the transition period.

29/06/202028/12/2020

Francovich claims are dead! Long live Francovich claims?

This post, written by Jack Williams of Monckton Chambers, examines the availability and status of claims for Francovich damages during and after the transition period.

12/06/202016/06/2020

Preliminary references during the transition period: business as usual?

In this post, Alexandra Littlewood of Monckton Chambers explores the basis for UK courts’ power to make preliminary references during the transition period, the CJEU’s jurisdiction to answer those references, and the extent to which references handed down after the transition period will be binding on UK courts.

08/06/202008/06/2020

Article 50 reloaded? Amending the Withdrawal Agreement to extend the Brexit transition period

This blog post, written by Alfred Artley of Monckton Chambers, explores whether there is a viable legal basis in the EU treaties which would allow the EU and UK to extend the transition period outside the already-agreed mechanisms in the Withdrawal Agreement.