Examining the new legal relationship between the UK and EU
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.
Continue reading “Clearing up when the Courts will depart from retained EU case law”
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 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”
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.
Continue reading “The interpretative role of EU law from 2024”