What happens to EU court decided cases after Brexit?

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zigglr
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If a person's case against the government was lost in the UK courts but then won in the EU courts, what happens after Brexit?
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Dez
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Nothing. Changes to the law cannot be applied retroactively, so any past judgements typically remain standing.
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Gingerbread101
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(Original post by zigglr)
If a person's case against the government was lost in the UK courts but then won in the EU courts, what happens after Brexit?
Previous decisions will stay the same but no more cases will be taken to the EU courts - our courts will also stop using the EU precedents when deciding cases
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Notoriety
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(Original post by Dez)
Nothing. Changes to the law cannot be applied retroactively, so any past judgements typically remain standing.
They can. The pretence of the common law is that a court says X is the law and always has been the law, and the previous judges were mistaken when trying to ascertain and describe the law.


(Original post by Gingerbread101)
Previous decisions will stay the same but no more cases will be taken to the EU courts - our courts will also stop using the EU precedents when deciding cases
Not true. They will continue to be persuasive precedents. For example, if the EU privacy law is adopted into English law through the Great Repeal Bill, the EU judgments will continue to be persuasive if not tantamount to binding. It's similar to US courts who refer to English contract judgments from the 19th century.
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Gingerbread101
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(Original post by Notorious_B.I.G.)
Not true. They will continue to be persuasive precedents. For example, if the EU privacy law is adopted into English law through the Great Repeal Bill, the EU judgments will continue to be persuasive if not tantamount to binding. It's similar to US courts who refer to English contract judgments from the 19th century.
They will only be persuasive as opposed to binding - at the end of the day you could go back and forth over the semantics of the language, but it will be down to the personal preference of the judges into how they interpret it. It would be wise for precedents to be used in regards to anything brought in using the Great Repeal Bill, but most precedents will probably just have the same standing that other legal system's precedents have (like Australia's) where it's used to 'top up' our precedents when necessary as opposed to being binding.

But again at the end of the day judges are unpredictable beings :lol:
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