English Jurisdiction Clauses in Insurance Policies – The European Court’s view

By Bernadette Bailey

"Uncertainty over the significance of the ECJ in the UK in the future was placed firmly in the news in August by the President of the Supreme Court, Lord Neuberger, who made what some hailed “an extraordinary intervention”, stating:“… If the Government doesn’t express clearly what the Judges should do about decisions of the ECJ after Brexit … then the Judges will simply have to do their best”. So far, the Government’s Repeal Bill has been limited to suggesting that Judges would be free to take European case law into account, but not forced to do so, leaving it at their discretion. One can see how future battle lines might be drawn in relation to controversial ECJ decisions like this, that impact on UK companies. In circumstances where they have already been branded “enemies of the people” in certain tabloid newspapers for daring to challenge on Brexit, this lack of clarity could put Judges truly at the heart of a political battle."

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Términos mencionados en esta doctrina: government.