Health and Safety Law 2024 (October 2024)

UK courts are no longer bound by new decisions by the European Court of Justice (ECJ). Under section 6 of the EUWA, the Supreme Court can depart from retained EU case law in circumstances where it considers it right to do so. The European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020 extended this power to lower courts including the Courts of Appeal for England, Wales and Northern Ireland and their Scottish equivalent, the Inner House of the Court of Session. The EU Law (Revocation and Reform) Act 2023 would have brought further changes (but see pages 10-11 below).

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