- Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Court of Appeal has provided seminal judicial guidance on how to apply retained EU law after IP completion day (31 December 2020). Lord Justice Green’s judgment sets out a succinct process to determine how to treat an EU regulation, and EU case law, post-Brexit. The distillation of these highly complex principles into a practitioner-friendly format makes this case a ‘must-read’. The principles are then applied to the specific context of air passenger compensation. This is, in itself, a significant decision for the travel industry and travel lawyers. However, for the broader legal community, this provides a worked model of how to structure an analysis. As Green LJ has emphasised, old approaches no longer work. A new approach must be used, and practitioners will need to familiarise themselves with the methodology that now must be applied. Written by Angharad Parry, barrister, at Twenty Essex.
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