Departure from retained EU case law by UK courts and tribunals

This document sets out for consultation proposals on the use of the power in Section 6 of the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020). In summary, a Minister of the Crown may make regulations to designate additional courts or tribunals with the power to depart from retained EU case law, the extent to which they may do so and the test they must apply.