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Allowing the UK Courts to diverge from retained EU case law

Overview

The Government has launched a short consultation on proposals to allow courts below the Supreme Court (including potentially the High Court and the Employment Appeal Tribunal) to diverge from EU retained case law after the end of the transition period.  If the status quo is preserved, only the Supreme Court would be able to do so. Giving this power to courts below the Supreme Court would likely facilitate speedier divergence but come at the expense of legal certainty. Our briefing provides more insight on this topic, and if you are keen to respond to the Government's consultation, the deadline for doing so is 11.59pm on 13 August 2020.

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