In this blog post, Professor Panos Koutrakos discusses the first UK-EU arbitration ruling under the Trade and Cooperation Agreement.
Continue reading “The first UK-EU Arbitration Ruling under the Trade and Cooperation Agreement: the sandeel fishing ban”Subsidies and the “proportionality” standard of review
In this post, Luke Kelly and Michael Bowsher KC discuss the Court of Appeal’s judgment in R (British Gas Trading and E.ON) v Secretary of State for Energy Security and Net Zero [2025] EWCA Civ 209.
Continue reading “Subsidies and the “proportionality” standard of review”Coulda, shoulda, woulda – whether to depart from assimilated EU case law
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”The TCA in domestic 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”The ongoing interpretative role of EU directives
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”