The following Public Law practice note Produced in partnership with Dr. Kieran Laird of Gowling WLG provides comprehensive and up to date legal information covering:
The European Communities Act 1972 (ECA 1972) was introduced and intended to give effect to the UK's obligations as a Member State under the relevant EU treaties to comply with EU law.
Under ECA 1972, s 2(1), certain types of EU rights and obligations, which are intended to be directly effective, were given effect in the UK without the need for any further domestic legislation. This included rights in the EU Treaties as well as EU regulations which contain detailed legal rules.
Other types of EU law were given effect through UK regulations made under ECA 1972, s 2(2), or in some cases through separate Acts of Parliament. This included EU directives which set out broad outcomes or frameworks but which leave it to each Member State to make its own provision to achieve the required legal effect.
In terms of its application in Member States, EU law is ‘supreme’. This means that where there is a conflict between EU law and a Member State’s domestic legislation, the latter can be disapplied—a principle which provides the only circumstance in which a UK court can disapply an Act of Parliament.
ECA 1972, s 3(1) provided that UK judges were also bound to follow decisions by the Court of Justice of the European Union.
Over the last 40 or so years, EU law has come
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.