- Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd
- Court of Appeal analysis
Public Law analysis: The European Union (Withdrawal) Act 2018 (EU(W)A 2018) brought about major changes to domestic law. We are now starting to see cases involving the interpretation and application of EU(W)A 2018 reach the courts. The case of Lipton is of particular interest. It is a seemingly straightforward domestic case in which the facts arose in 2018 when the UK was an EU Member State and EU law applied to the UK. The case was ongoing at the end of the Brexit transition period. By the time the Court of Appeal hearing took place and the judgment was handed down in 2021, the UK had left the EU, EU law had ceased to apply to the UK and retained EU law had come into force. In this analysis, Eleonor Duhs, director at Fieldfisher LLP and Indira Rao, counsel for EU and International Law in the House of Commons, look in detail at the approach taken by the court to identifying which law applies to the case and considers the wider issues which arise.
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