Only the most senior British courts should be given powers to depart from retained EU case law from 31 December, according to a government consultation.  

The consultation document published by the Ministry of Justice (MoJ) proposes two options for extending judicial powers for the courts in the UK to depart from EU law.

Under The European Union (Withdrawal) Act 2018, the UK’s courts and tribunals will no longer be bound by EU law or decisions of the European Union Court of Justice made or passed when the transition period ends on 31 December this year.

Furthermore, retained and unmodified EU law will be interpreted in line with retained case law and, without further regulations, from 31 December this year on...

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