Court of Appeal can diverge from retained EU case law post-Brexit

Implementation date: 31 December 2020

The European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020 (SI 2020/1525) provide that the Court of Appeal and other specified appellate courts have the power to depart from retained EU case law when deciding cases. The Regulations also set out the test that they must apply when doing so.