The Government has published the draft European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020, prompting fears from some lawyers that a surge in litigation could follow the end of the Brexit transition period on 31 December 2020.
The European Union (Withdrawal) Act 2018 would have seen EU legislation and case law incorporated into UK law at the end of the transition period.
However, the draft regulations would allow UK courts to overturn EU case law set by an EU court of an equivalent level.
Robert Buckland, the Justice Secretary, said: “Once the transition period is over, it is absolutely right that UK courts have the final say on legal disputes affecting our nation. This move provides legal certainty while ensuring that UK case law can quickly evolve to reflect our new status as an independent country following departure from the EU.”