What do We Really Mean by Regulatory ‘Divergence’ after Brexit?

The original idea behind the Brexit Effect project was the need to make sense of changes in UK regulatory policy after the UK finally left the European Union and exited the transition period. One way of capturing this ‘effect’ is to think of change in terms of regulatory ‘alignment’ or ‘divergence’. The conventional way we...

(Re) Interpreting Brexit – the Judiciary as a Driver of Regulatory Divergence

At the beginning of July, the United Kingdom Government published a consultation paper. It sought views on whether to permit courts other than the highest UK courts to depart from ‘retained EU case law’. Under the European Union (Withdrawal) Act 2018, other courts are bound by the precedents of EU case law – as that case law stood...