Examining the new legal relationship between the UK and EU
In this blog post Alastair Holder Ross of Monckton Chambers discusses the Court of Appeal’s recent judgment in Merck Serono v Comptroller-General of Patents [2025] EWCA Civ 45, which clarifies the circumstances in which domestic courts will depart from assimilated EU case law post-Brexit.
Continue reading “Coulda, shoulda, woulda – whether to depart from assimilated EU case law”
In this post, Jack Williams of Monckton Chambers addresses obiter dicta in the recent Supreme Court judgment in Lipton v BA Cityflyer Ltd [2024] UKSC 24 concerning the status of, inter alia, the Trade and Cooperation Agreement (“TCA”) in domestic law.
Continue reading “The TCA in domestic law”
In this blog post, Jack Williams of Monckton Chambers discusses the recent Court of Appeal judgment in C G Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 730 (“Fry”) concerning the role of directives as part of Retained EU Law (prior to 2024) and when interpreting Assimilated Law (from 2024).
Continue reading “The ongoing interpretative role of EU directives”
In this post, Jack Williams of Monckton Chambers explores the recent Supreme Court judgment in Lipton v BA Cityflyer Ltd [2024] UKSC 24 concerning the status of causes of action that accrued in EU law prior to Brexit.
Continue reading “Accrued EU Law rights take off in the Supreme Court”
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”