Section 6(3)

For subsection (5) substitute— In deciding whether to depart from any retained EU case law by virtue of subsection (4)(a), (b) or (ba), the higher court concerned must (among other things) have regard to— the fact that decisions of a foreign court are not (unless otherwise provided) binding; any changes of circumstances which are relevant to the retained EU case law; the extent to which the retained EU case law restricts the proper development of domestic law.

← 2 · All articles · 4 →

Source: legislation.gov.uk · retrieved 2026-07-30