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THE RULE OF LAW and BREXIT

July 11th, 2024 by James Goudie KC

The Supreme Court in LIPTON v BA CITY FLYER LTD ( 2024 ) UKSC 24 addresses important questions regarding the status of accrued EU law rights. An important question raised by the appeal was what law applied to a cause of action that accrued under an EU regulation prior to Brexit. The Supreme Court was required to examine the domestic legislation which implemented Brexit, notably the European Union ( Withdrawal ) Act 2018. The Supreme Court states that a basic principle of the rule of law is that the applicable law is that in force at the time an event occurs. It is not some different version introduced at a later date.

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