EU Case Law: iFLG stands up for Access to Justice

In February 2020 the UK government said it would be leaving EU laws on final departure from the EU on 31 December 2020.  But what should be the status of existing case law from the European Court (CJEU)?  Specifically which level of courts should be able to depart from it?  There was a consultation over the summer.

The International Family Law Group LLP was the only specialist family law firm to respond to the consultation paper dealing with the hugely significant future role of the UK courts in shaping UK law when the Brexit transition period ends (31 December 2020).

The European Union (Withdrawal) Act 2018 (‘the 2018 Act’) as amended by the European Union (Withdrawal Agreement) Act 2020 (‘the 2020 Act’) sets out:

• Which elements of EU law are retained in UK law; and
• How retained EU law is to be interpreted including the extent to which the case law of the Court of Justice of the European Union will be retained and should be followed by UK courts and tribunals.

The principle view [no need to respond but where does this principle view come from] is that UK...

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