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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)

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)
Published on: 07 April 2021
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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