The recording of the Bar European Group’s annual conference, “UK and European Law in the new UK-EU Partnership” is now available here.
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Departing from retained EU case law: new Court of Appeal judgment
In this post Jack Williams of Monckton Chambers considers the recent judgment of the Court of Appeal in TuneIn Inc v Warner Music UK Ltd & Anor [2021] EWCA Civ 441 (“TuneIn”) – the first case to consider the power in section 6(4) of the EU (Withdrawal) Act 2018 for the Court of Appeal and Supreme Court to depart from retained EU case law.
Continue reading “Departing from retained EU case law: new Court of Appeal judgment”Route map for retained EU law: new Court of Appeal Judgment
In this blog post, Jack Williams of Monckton Chambers discusses the Court of Appeal case of Lipton v BA City Flyer Ltd [2021] EWCA Civ 454, which contains a helpful distillation of the principles relevant to determining whether a Regulation forms part of domestic law (i.e. is “retained EU law”), and how the Trade and Cooperation Agreement (“TCA”) and the EU (Future Relationship) Act 2020 interacts with retained EU law.
Continue reading “Route map for retained EU law: new Court of Appeal Judgment”Domestic courts’ new powers to depart from pre-Brexit case law
This blog post, written by David Gregory and Khatija Hafesji of Monckton Chambers, defines the statutory concept of retained EU case law under the European Union (Withdrawal) Act 2018 and identifies the test that certain UK courts may now apply in order to depart from it, namely that applied by the Supreme Court in departing from its own precedents. The discretion has historically been applied sparingly, principally for reasons of legal certainty. The same considerations are likely to limit the use of this new power, however possibly not to the same extent. It is unknown if domestic courts will treat it as inherently undesirable for UK and EU law to diverge.
Continue reading “Domestic courts’ new powers to depart from pre-Brexit case law”Divisional Court hands down first judgment on EU Withdrawal Agreement Act and EU Future Relationship Act
This post, written by Robert Palmer Q.C. of Monckton Chambers, discusses the first Judicial treatment of the EU (Withdrawal Agreement) Act 2020 and the EU (Future Relationship) Act 2020 in Polakowski & others v Westminster Magistrates’ Court [2021] EWHC 53 (Admin).
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