Interpreting the EU-UK Trade and Cooperation Agreement before British courts

Abstract

The Trade and Cooperation Agreement between the European Union and the United Kingdom entered into force in early 2021. It represents another pillar in the new, post-Brexit relations between the two parties. Despite the express terms of the TCA, domestic courts will still have to deal with the effect of the Agreement in cases before them. The England and Wales Court of Appeal, in two recent judgments, has already given guidance to courts within their jurisdiction in how to approach the use of the TCA in their own decision-making. These judgments represent the first judicial pronouncements on the effect and interpretation of the TCA’s provisions in national courts.