Clarifying the Duties of the UK Judiciary Post‐Brexit: Lipton and Anr v BA City Flyer Ltd

Abstract

The Court of Appeal's judgment in Lipton and Anr v BA City Flyer Ltd marks a new chapter in UK constitutional law. It provides the first judicial interpretation of section 29 of the European Union (Future Relationship) Act 2020. This general implementation clause aims to ensure the timely incorporation of the EU‐UK Trade and Co‐operation Agreement 2020 (TCA) into domestic law, by requiring ‘existing domestic law’ to have effect ‘with such modifications as are required for the purposes of implementing’ the TCA. This case note examines the conceptualisation of the legal obligation in section 29, as reflected in Green LJ's opinion. We argue that the judgment also makes a welcome attempt to promote legal certainty, providing a clear sequencing of the steps to be taken by the UK judiciary when interpreting EU retained law post‐Brexit, but nevertheless introduces some elements of potential confusion that require clarifying.