Andrew Eaton
Andrew is an associate in the UK & EU Public Law and Policy team at Hogan Lovells. He specialises in administrative and public law, including commercial judicial review, EU law, human rights, information rights, and public affairs and policy.
Andrew acts for commercial and public sector clients on both contentious and non-contentious public law and regulatory matters across a range of heavily regulated industry sectors.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2014
Membership
- Constitutional and Administrative Law Bar Association
Qualification
- Solicitor, LLB (Hons)
Education
- University College London
1 Contributions by Andrew Eaton
PRACTICE NOTES
EU law in judicial review (England and Wales): grounds, remedies and procedure pre- and post-Brexit, including retained EU law, Charter rights, Francovich damages and CJEU references
ARCHIVED: This Practice Note is archived and not maintained.
What is the status of EU law in English law?
EU law has formed part of UK law since the UK joined the European Economic Community in 1973. Accordingly, EU law can be relied upon in judicial review in the English courts:
as a basis for contesting domestic law or a decision of a public authority
to steer the interpretation of domestic legislation (primary or secondary)
where domestic law or a public body’s decision rests on EU legislation that a claimant seeks to impugn as invalid
The use of EU law in the English courts has also shaped judicial review procedure. This Practice Note primarily examines the effect of EU law on judicial review while the UK was an EU Member State. The final section, however, considers the position after the UK’s withdrawal from the EU.
EU law was brought into UK domestic law by the European Communities Act 1972 (ECA 1972). EU law is directly applicable, meaning that, where a provision of EU law requires no further...
Public Law
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