Category: UK Implementation

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.

30/08/202330/08/2023

Frying up a “kind of” answer for when directives form part of retained EU law

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.

29/08/202327/08/2023

The interpretative role of EU law from 2024

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.

13/09/202213/09/2022

When do directives form part of Retained EU Law? Case comment

In this post, Jack Williams of Monckton Chambers discusses the recent case of Harris v Environment Agency [2022] EWHC 2264 (Admin) concerning when directives form part of Retained EU Law pursuant to section 4(2)(b) of the EU (Withdrawal) Act 2018.

22/07/202222/07/2022

Invention is the mother of “necessity”: the Northern Ireland Protocol Bill

In this post, George Peretz Q.C. of Monckton Chambers discusses the Northern Ireland Protocol Bill. The Ireland/Northern Ireland Protocol was at the heart of the Withdrawal Agreement negotiated with the EU in 2019 and was, as required by that agreement, incorporated into UK law. It has important tax implications, especially in the areas of VAT,
customs duties and state aid. The Northern Ireland Protocol Bill would remove most of the Protocol from UK law, despite the UK’s treaty obligation. The government claims that the principle of ‘necessity’ gives a legal basis for that action in international law, but its argument is unconvincing. The Bill is likely to run into considerable opposition in Parliament, especially in the House of Lords. And if passed it would threaten a trade war with the EU with major implications.