(Re) Interpreting Brexit – the Judiciary as a Driver of Regulatory Divergence

At the beginning of July, the United Kingdom Government published a consultation paper. It sought views on whether to permit courts other than the highest UK courts to depart from ‘retained EU case law’. Under the European Union (Withdrawal) Act 2018, other courts are bound by the precedents of EU case law – as that case law stood... Continue Reading →

Reincarnation and Resurrection – the Afterlife of the European Communities Act 1972 in the Withdrawal Bill

The UK Government has published its long-awaited European Union (Withdrawal Agreement) Bill (the “WAB”) that – if enacted – will give legal effect to the revised Withdrawal Agreement negotiated between the EU and the UK. The revised Agreement settles the terms of the UK’s departure from the EU in respect of citizens’ rights, the financial settlement... Continue Reading →

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