SQE; PUBLIC LAW; EXAM
QUESTIONS AND THEIR COMPLETE
CORRECT ANSWERS
During April 2020, a case brought under the Equality
Act 2010 came before the High Court. The court found
a section of the Act to be in breach of an EU
Regulation. Which of the following correctly sets out
whether the court was bound to follow the EU
Regulation in this case?
On 31 January 2020, an implementation period began
during which EU Regulations continued to prevail and
would do so in this case.
Pursuant to s1A of the EU(W)Act 2018 until the end of the
implementation period (31 December 2020) existing law
regarding the supremacy of EU law continued to apply.
The EU Regulation would therefore prevail over the UK
legislation in this case.
Should decisions made by CJEU before the
completion of implementation period (31 December
2020) be followed?
Decisions of the CJEU continue to be followed by UK
courts and tribunals if made before the completion of the
implementation period.
If legislation has been modified after the end of the
implementation period (31 December 2020) should the
court interpret it in line with EU law?
, If legislation has been modified after the end of IP, the
court is no longer bound to interpret it in accordance with
EU Directives.
A client is setting up a new business manufacturing
refrigerators and consults you as to whether current
regulations, which derive from the EU, regarding the
gases they contain, will still apply after completion of
the implementation period. Which of the following sets
out the correct position?
The Regulation will continue to apply until modified by UK
law.
Under s3 of the EU(W)Act 2018 as amended, the
Regulation, which is direct EU legislation, became part of
retained EU law and will continue to apply in the UK until
modified by UK law. It may be that the manufacturer may
have to take account of regulations in other countries for
exported goods, but this does not affect the position in UK
law.
Are decisions of the CJEU made prior to completion of
the implementation period (31 December 2020)
binding?
Decisions of the CJEU made prior to CIP continue to be
binding on all UK courts and tribunals, with the exception
of the Supreme Court and High Court of Justiciary.
What are the sources of law for English Law?
· primary legislation passed by Parliament (statute)
· secondary legislation which is passed under powers
contained in that primary legislation (statutory instruments,
orders in council, and by-laws)
· judicial case law decisions (including in common law and
QUESTIONS AND THEIR COMPLETE
CORRECT ANSWERS
During April 2020, a case brought under the Equality
Act 2010 came before the High Court. The court found
a section of the Act to be in breach of an EU
Regulation. Which of the following correctly sets out
whether the court was bound to follow the EU
Regulation in this case?
On 31 January 2020, an implementation period began
during which EU Regulations continued to prevail and
would do so in this case.
Pursuant to s1A of the EU(W)Act 2018 until the end of the
implementation period (31 December 2020) existing law
regarding the supremacy of EU law continued to apply.
The EU Regulation would therefore prevail over the UK
legislation in this case.
Should decisions made by CJEU before the
completion of implementation period (31 December
2020) be followed?
Decisions of the CJEU continue to be followed by UK
courts and tribunals if made before the completion of the
implementation period.
If legislation has been modified after the end of the
implementation period (31 December 2020) should the
court interpret it in line with EU law?
, If legislation has been modified after the end of IP, the
court is no longer bound to interpret it in accordance with
EU Directives.
A client is setting up a new business manufacturing
refrigerators and consults you as to whether current
regulations, which derive from the EU, regarding the
gases they contain, will still apply after completion of
the implementation period. Which of the following sets
out the correct position?
The Regulation will continue to apply until modified by UK
law.
Under s3 of the EU(W)Act 2018 as amended, the
Regulation, which is direct EU legislation, became part of
retained EU law and will continue to apply in the UK until
modified by UK law. It may be that the manufacturer may
have to take account of regulations in other countries for
exported goods, but this does not affect the position in UK
law.
Are decisions of the CJEU made prior to completion of
the implementation period (31 December 2020)
binding?
Decisions of the CJEU made prior to CIP continue to be
binding on all UK courts and tribunals, with the exception
of the Supreme Court and High Court of Justiciary.
What are the sources of law for English Law?
· primary legislation passed by Parliament (statute)
· secondary legislation which is passed under powers
contained in that primary legislation (statutory instruments,
orders in council, and by-laws)
· judicial case law decisions (including in common law and
