The Ministry of Justice has launched a consultation
on rules governing the departure from retained EU caselaw by UK courts and
tribunals after IP completion day. The consultation considers powers under the
European Union (Withdrawal) Act 2018 s 6 which allow ministers to make
regulations to give courts or tribunals the power to depart from retained EU
caselaw. Originally, it was envisaged that only the UK Supreme Court and the
High Court of Justiciary in Scotland would have such powers, but s 6 is
prospectively amended by the European Union (Withdrawal Agreement) Act 2020 s
42 to extend the regulation-making power to cover other courts and tribunals.
The deadline for submissions is 13 August 2020.
The Ministry of Justice has launched a consultation
on rules governing the departure from retained EU caselaw by UK courts and
tribunals after IP completion day. The consultation considers powers under the
European Union (Withdrawal) Act 2018 s 6 which allow ministers to make
regulations to give courts or tribunals the power to depart from retained EU
caselaw. Originally, it was envisaged that only the UK Supreme Court and the
High Court of Justiciary in Scotland would have such powers, but s 6 is
prospectively amended by the European Union (Withdrawal Agreement) Act 2020 s
42 to extend the regulation-making power to cover other courts and tribunals.
The deadline for submissions is 13 August 2020.
