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Departure from retained EU case law by UK courts and tribunals

Consultation on the departure from retained EU case law by UK courts and tribunals.


This consultation seeks views on proposals on the use of the power in Section 6 of the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020). A Minister of the Crown may make regulations to designate additional courts or tribunals with the power to depart from retained EU case law, the extent to which they may do so and the test they must apply.

This consultation from the Ministry of Justice runs from 2 July until 13 August 2020.

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