Rule 25 Intervention on assimilated case law by law officers
This rule applies where the Court is considering proceedings in which a party is arguing that the Court should depart from assimilated case law.
In proceedings to which this rule applies, the Registry must—
give notice of the proceedings to each of the law officers listed in section 6C(2) of the European Union (Withdrawal) Act 2018f1;
serve that notice on all other parties; and
ensure that the hearing of the proceedings does not take place until at least 21 days have elapsed following the service of the notice.
The notice in paragraph (2) must—
state that the Court is considering an argument made by a party to the proceedings that the Court should depart from assimilated case law;
summarise the proceedings and the issue to which the assimilated case law relates;
identify the assimilated case law from which the Court is being invited to depart.
The following persons shall be joined as a party to the proceedings on giving notice to the Court that they wish to be joined—
each of the UK law officers;
the Lord Advocate if the argument relates to the meaning or effect of relevant Scotland legislation;
the Counsel General for Wales if the argument relates to the meaning or effect of relevant Wales legislation;
the Attorney General for Northern Ireland if the argument relates to the meaning or effect of relevant Northern Ireland legislation.
Notice under paragraph (4) may be given at any time during the proceedings.
Where the Court receives notice under paragraph (4), the Registrar shall serve that notice on the parties and give directions as to the intervention.
Expressions used in this rule have the same meaning as in section 6C of the European Union (Withdrawal) Act 2018, and references to “assimilated case law” include references to “retained case law” so far as necessary.
Annotations
Footnotes
- f1
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2018 c. 16. Sections 6A to 6C were inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).