The UK legal system is about to be changed fundamentally by the Retained EU Law (Revocation and Reform) Act 2023 (the "2023 Act"). From 1 January 2024, UK courts will no longer be required to follow EU case law on the meaning and effect of ‘retained EU law’ – the category of EU-derived law that was ‘saved’ on to the domestic statute book by the European Union (Withdrawal) Act 2018 (“EUWA 2018”). This change creates significant opportunity for divergence from the ‘old ways’ in which these laws were applied, something which the 2023 Act actively facilitates. The Act is likely to result in increased litigation, as parties test whether established judicial interpretations of existing laws still apply in the same way. Businesses should be alive to the opportunities and risks this presents and take steps to assess their position
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