“The two most noteworthy elements to the Supreme Court’s judgment are that (1) its decision was grounded in the common law, not EU law, which is not unsurprising in light of Brexit; and (2) the Court examined on an in depth analysis of the rational and factual basis for the Government’s decision. Looking further ahead, this may be a suggestion of potential clashes to come if indeed it is the case that Brexit requires the wholesale use of Henry VIII clauses to determine delicate questions of social and economic rights.”
In R(on the application of UNISON) v Lord Chancellor UKSC 51, the Supreme Court gave an important judgment regarding the importance of access of justice. The Supreme Court held that the fees imposed by the Lord Chancellor in employment tribunal and employment appeal tribunal cases were unlawful.
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