Section 6(4)

After that subsection insert— A higher court may depart from its own retained domestic case law if it considers it right to do so having regard (among other things) to— the extent to which the retained domestic case law is determined or influenced by retained EU case law from which the court has departed or would depart; any changes of circumstances which are relevant to the retained domestic case law; the extent to which the retained domestic case law restricts the proper development of domestic law.

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