Category: UK Implementation

31/03/202106/04/2021

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.

15/03/202115/03/2021

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.

26/01/202125/01/2021

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).

22/01/202122/01/2021

Synopsis of Monckton EURL Webinar (1): “Post-Brexit litigation in UK courts – 10 things every litigator needs to know”

In this post, Will Perry of Monckton Chambers provides a summary of the first in a new series of six webinars on EU Relations Law (“EURL”) from Monckton Chambers on “The UK legal regime after Brexit – what every lawyer needs to know”. The first webinar was entitled: “Post-Brexit litigation in UK courts – 10 things every litigator needs to know”.

19/01/202119/01/2021

Cambridge webinar on the TCA and EU Future Relationship Act

A recording is now available of the University of Cambridge’s webinar on the Trade and Cooperation Agreement (the TCA) and its domestic implementation via the EU (Future Relationship) Act 2020. The event was organised by members of Cambridge’s Centre for European Legal Studies (CELS), Centre for Public Law (CPL) and the Lauterpacht Centre for International Law (LCIL). The presenters also included Monckton Chamber’s Jack Williams. A link to the webinar on youtube and a guide to presenters, topics and timings can be found below.