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Agnew & retained EU law

17 November 2023 / Charles Pigott
Issue: 8049 / Categories: Features , Employment , EU , Brexit
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How is the EU law thread in Agnew to be applied to the rest of the UK? Charles Pigott reports
  • The Supreme Court has—at long last—clarified the meaning of the phrase “series of deductions” which is used to calculate the time limit for unlawful deductions claims across the whole of the UK.
  • However, the excision of the general principles of EU law from domestic law on 31 December 2023 could mean that other aspects of the ruling have a more limited shelf-life.

There are two distinct threads running through the Supreme Court’s decision in Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, [2023] All ER (D) 14 (Oct). The first—deriving from the general principles of EU law—conferred on police officers in Northern Ireland the same rights to recover historical underpayments of holiday pay as their civilian colleagues. Once this parity had been established by reading additional words into the Working Time Regulations (Northern Ireland) 1998 (SI 1998/386), the Supreme Court turned to purely

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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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