UK Courts' New EU Case Law Departure Powers Due to Enter into Force in 2024

New powers to depart from assimilated EU and domestic case law contained in the Retained EU Law Act are set to come into force in October 2024.

A statutory instrument that will bring into force new powers for the Court of Appeal and Supreme Court set out in the Retained EU Law (Revocation and Reform) Act 2023 made it through Parliament's wash-up period ahead of the UK general election.

The powers will come into force on 1 October 2024, subject to certain saving provisions set out in the statutory instrument. The Civil Procedure Rules will also be updated to include a new part dealing with proceedings under these new provisions. Although the case law departure powers of the courts will be broadened, it remains to be seen how readily these powers might be exercised.

In this course, you will explore the implications of the Retained EU Law Act and its new test for departure by the Court of Appeal and Supreme Court from assimilated EU case law. This Act provides that these courts are not bound by any assimilated EU case law, except where domestic law has modified or applied it.

By the end of this course, you should be able to:

1. Understand the provisions and implications of the Retained EU Law Act regarding the Court of Appeal and the Supreme Court’s ability to depart from assimilated EU case law
2. Identify how the Act allows courts to consider the impact of assimilated EU case law on the development of domestic law