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What happens to EU court decided cases after Brexit?
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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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#2
Nothing. Changes to the law cannot be applied retroactively, so any past judgements typically remain standing.
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#3
(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?
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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#4
(Original post by Dez)
Nothing. Changes to the law cannot be applied retroactively, so any past judgements typically remain standing.
Nothing. Changes to the law cannot be applied retroactively, so any past judgements typically remain standing.
(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
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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#5
(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.
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.
But again at the end of the day judges are unpredictable beings
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