The government’s view that it should introduce regulations implementing section 6(5A) of the European Union (Withdrawal) Act 2018, as introduced by section 26(1) of the European Union (Withdrawal Agreement) Act 2020, will put the courts in the invidious position of making policy due to the government abrogating its primary responsibility for doing so, subject to the scrutiny of Parliament. It is a recipe for chaos. These are proposals for irresponsible law-making.
You can download our response to the Ministry of Justice consultation on the departure from retained EU case law by UK courts and tribunals below.