Examining the new legal relationship between the UK and EU
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”
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”
The final webinar in a series of six webinars on EU Relations Law (“EURL”) from Monckton Chambers focused on recent developments in procurement law.
Continue reading “Synopsis of Monckton EURL Webinar (6): Procurement 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”
The fifth in a series of six webinars on EU Relations Law (“EURL”) from Monckton Chambers focused on the UK’s internal market post Brexit.
Continue reading “Synopsis of Monckton EURL Webinar (5): VAT and Customs”