Call us today0800 160 1298
 
 

Advantage Litigation

Welcome to Advantage Litigation Services. We provide affordable access to commercial litigation.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

Chaos looms if EU case law is abandoned after Brexit

Posted by on in Uncategorized
  • Font size: Larger Smaller
  • Hits: 129
  • Subscribe to this entry
  • Print

As the UK moves ever closer to the end of the Brexit transition period on the 31st December, responses to a recent Ministry of Justice (MOJ) consultation has highlighted the potential for legal chaos if the High Court, Appeal Court and Supreme Court abandon current EU case law.

The wording of the original European Union (Withdrawal) Act 2018 includes provision for continuity with EU case law already in the system, meaning that such laws would become domestic UK law. Only the Supreme Court and Court of High Court of Judiciary in Scotland were granted the power to depart from retained EU case law. Following 2019’s general election, however, the latest European Union (Withdrawal Agreement) Act 2020 changed the terms of the 2018 Act to allow ministers to make regulations extending the power to more courts.

In response to the MOJ consultation regarding the proposed extended powers, the Law Society argued that the power should be confined to the Supreme Court to avoid a “radical change within the administration of UK justice” resulting in “unforeseen consequences and undesired outcomes”, adding that any extension of these powers to other courts would “result in a lack of legal certainty, through the emergence of novel judgments which are either not binding on other courts or which are inconsistent with precedent”. Expanding upon their concerns, the Law Society added:

This would be most evident in the case the High Court was able to depart from retained EU case law, given the decision of one High Court judge does not bind another but it is also possible in the case of appellate courts from different jurisdictions…It is foreseeable that inconsistencies would consequently emerge, and it would take an appeal to a higher court to provide resolution. Given that many parties often settle their disputes before appeal, it is possible the period of uncertainty could last for some considerable time…It is also possible that lower courts, by departing from case law, may throw the status of previous judgments into question, even those given by more senior courts.”

The society also said any legal uncertainties would have serious implications for the UK and its wider legal sector, as well as individual parties involved. Some decisions of the Court of Justice of the European Union (CJEU) carried “huge legal weight”, and if courts could disapply them the UK legal system could end up with “a range of interpretations”, creating uncertainty which “could take years” to resolve.

Commercial Litigation Funding

If you are thinking about taking legal action against another individual or company but are worried about the costs involved, Advantage Litigation Services have the skills and expertise to help you find a way of funding commercial litigation without risking your personal finances or those of your business. Click here to contact us today or call 0800 160 1298 to see how we can help.

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • A large scale contract dispute claim has commenced involving a Hull based energy plant and one of its main contractors. The plant – Energy Works Hull – terminated the contract for MW High Tech Projects as they claim that the contractor had not met the agreed project completion date. Energy Works Hull are seeking £133m in damages to cover the cost of rectifying defects, delay damages and added costs to complete works. In response, MW High Tech Projects is disputing the claim and has subsequently filed a counterclaim for just under £47m, based on provisions they say are in the original contract that provide for payment following a termination for convenience. The two parties are now heading for the High Court with claims and counterclaims stemming from failure to deliver the project, termination of the main contract and assignment of a key... Read More

  • Engineering and construction firm Bechtel now has a court date set to enable its appeal against the award of the HS2 £1bn Old Oak Common station construction partner contract. Read More

  • Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken. In the case of Navigator Equities Ltd & Ors v Deripaska from July this year, Mr Justice Andrew Baker said that, in the 30 years in which he had worked in commercial dispute resolution: There has been a significant general increase in hostility and aggressiveness in the conduct of disputes…the taking of any and every point, good or bad, and other failures to display proper independence from the litigating client... Read More