More UK courts to veto EU case law
MORE UK judges will be given the power to overrule EU case law, justice chiefs confirmed.
Supreme Court judges were given the ability to depart from EU case law when MPs passed the EU Withdrawal Act in 2018.
But the Ministry of Justice confirmed the Court of Appeal will also be given powers to do this, removing potential backlogs of cases at the Supreme Court.
Officials said the decision is not affected by the trade negotiations with Brussels.
Experts also said limiting the powers to the appeal court would prevent “vexatious” claims being made to other courts.
A Ministry of Justice document, seen by the Daily Express, stated: “Our departure from the EU has changed the context in which the law is considered. And we would want our courts to be able to reflect that in their decisions where appropriate.
“The Government therefore intends to exercise the power to enable more courts to depart from retained EU case law.”
Justice chiefs dismissed fears the proposals could hinder negotiations with the EU.
The Ministry of Justice said: “The power to depart from retained EU case law only takes effect at the end of the Transition Period by which point negotiations would have concluded.
“And the courts will be mindful of any obligations to which the UK is required to comply.”