Marleasing SA v La Comercial Internacional de Alimentacion SA [1990] EUECJ C-106/89 – Law Journals

EU Law: A question of interpretation

Christopher Salomons outlines the significance of the latest interaction between EU and UK law ‘A fundamental consideration was whether or not the tribunal has the power to adopt a conforming interpretation by implying an option to defer into domestic law.’ What should the UK do when the European Court of Justice (ECJ) finds UK legislation …

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Case report: R & S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2019] UKSC 16

Motor insurance; property damage; Road Traffic Act 1988; Motor Insurance Directives ‘The effect of the Supreme Court judgment is to curtail attempts by claimants to widen the circumstances in which the MIB and RTA insurers are obliged to satisfy claims.’ R & S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2019] was not a …

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EU motor insurance law: Incoming tide or tidal wave?

John McDonald examines recent motor insurance cases in the CJEU and their effect on UK law ‘EU law as interpreted in these judgments has been implemented in a number of English decisions, and is likely to be implemented in others, which may well have a radical effect on the legal framework underpinning UK motor insurance.‘ …

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Exiting The EU: The flaw in the Brexit white paper

The government’s failure to address the issue of purposive construction in its plan for the Great Repeal Bill will lead to uncertainty and a wave of litigation after Brexit, warns Sandy Kemp ‘Applying a purposive construction has led to significant differences of outcome, including a reversal of what decisions would have been using the standard …

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Collective Redundancy: Established law on ‘establishment’ overturned

Stephen Levinson considers the fallout from the EAT’s decision in the Woolworths litigation ‘The EAT held that the words “at one establishment” in s188(i) could and should be ignored and held that each worker previously excluded should receive a protective award.’ As has been widely publicised, the law on collective redundancies has been reshaped in …

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