Retained and assimilated EU law — SQE1 Public law question
A worked single-best-answer question on retained and assimilated eu law, with why each wrong option is wrong — the way SQE1 traps candidates.
In 2026, Viktor brings a claim in the High Court concerning his rights under UK regulations which implemented an EU directive before the end of the Brexit implementation period. In 2025 the Court of Justice of the European Union gave a judgment interpreting the directive in a way that would favour Viktor. The defendant argues that the High Court should ignore the judgment altogether.
Which of the following best describes the status of the 2025 CJEU judgment in the High Court?
- AIt binds the High Court, because the regulations implement an EU directive.
- BIt binds the High Court unless the Supreme Court has decided otherwise.
- CIt must be ignored, because UK courts may not refer to CJEU decisions made after 31 December 2020.
- DIt binds the High Court only if the UK government has formally adopted it.
- EIt does not bind the High Court, but the court may have regard to it so far as it is relevant to the matter before it.
Show answer and reasoning
Rule: UK courts are not bound by CJEU decisions made on or after 31 December 2020 but may have regard to them so far as relevant.
- A Post-IP completion day CJEU decisions do not bind UK courts, even on EU-derived legislation. (wrong rule)
- B Such decisions are not binding at all, whatever the Supreme Court has or has not decided. (wrong rule)
- C Courts are not bound by such decisions but may have regard to them. (wrong rule)
- D There is no mechanism by which government adoption makes a CJEU judgment binding on the courts. (wrong rule)
Source: European Union (Withdrawal) Act 2018, s 6(1)-(2)
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